TRINITY EV. LUTH. CH. v. HARRISBURG


2 Pa.Commw. 222 (1971)

Trinity Evangelical Lutheran Church, Cloverly Heights Community Association et al. v. City Council of Harrisburg, Zoning Hearing Board of Harrisburg and Southland Corporation.

Commonwealth Court of Pennsylvania.

June 3, 1971.


Attorney(s) appearing for the Case

Rod J. Pera, with him McNees, Wallace & Nurick, for Southland Corporation, appellant, and Francis B. Haas, Jr., and Edward Rothman, City Solicitors, for the City Council and Zoning Hearing Board, appellants.

Peter J. Ressler, with him Nabors & Ressler, for appellees.

Argued March 3, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE WILKINSON, June 3, 1971:

The court below sustained an appeal from an ordinance of the City of Harrisburg which changed the zoning classification of a small parcel of real estate from residential-4 zone (R-4) to business local zone (B-L) and declared the ordinance invalid. We must reverse and uphold the ordinance.

In reversing the court below we find little with which to quarrel in the discussion of the principles of law here involved. However...

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