L. MORELAND TWP. v. SHELL OIL CO. & WHITE

Appeal No. 170 C.D. 1971.

3 Pa.Commw. 259 (1971)

Lower Moreland Township v. Shell Oil Company and White.

Commonwealth Court of Pennsylvania.

September 9, 1971.


Attorney(s) appearing for the Case

Charles K. Plotnick, with him Jerome H. Harwitz, Solicitor, and Miller, Harwitz & Plotnick, for appellant.

Marlyn F. Smith, with him High, Swartz, Roberts & Seidel, for appellees.

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


OPINION BY JUDGE CRUMLISH, JR., September 9, 1971:

The Zoning Hearing Board of Lower Moreland Township, Montgomery County, rejected appellant's application which would change an existing nonconforming use as allowed by special exception under the Township Zoning Ordinance. On appeal, the Court of Common Pleas of Montgomery County reversed the Board's decision. We affirm the lower court.

"Where, as in this case, the court below took no additional testimony...

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