FRANMAR CO. INC. v. KELLOGG

No. 68-5192.

51 Pa. D. & C. 2d 693 (1970)

Franmar Co. Inc. v. Kellogg

Common Pleas Court of Montgomery County, Pennsylvania.

October 22, 1970.


Attorney(s) appearing for the Case

Jesse W. Beeghley, Jr., for plaintiff.

Patrick Campbell, for defendants.


DITTER, J., October 22, 1970.

The question in this case is whether the refusal of a use permit required by a zoning ordinance is res adjudicata as to a later application for a special exception.

Defendants are the equitable owners of a piece of improved property situate on Sumneytown Pike, Lower Gwynedd Township. On June 1, 1967, defendants filed an application with the zoning officer for a certificate of conformity to use an existing barn on their property...

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