DERR FL. CO. v. WHITEMARSH T. ZON. BD.

Appeal, No. 264 C.D. 1971.

4 Pa.Commw. 341 (1971)

Derr Flooring Company, Inc. v. Whitemarsh Township Zoning Board of Adjustment.

Commonwealth Court of Pennsylvania.

December 28, 1971.


Attorney(s) appearing for the Case

Edward Fackenthal, with him Henderson, Wetherill, O'Hey & Horsey, for appellant protestants.

Frank W. Jenkins, with him Jenkins & Acton, for appellee applicant.

Argued October 5, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE KRAMER, December 28, 1971:

This is an appeal from an order of the Court of Common Pleas of Montgomery County reversing an order of the Whitemarsh Township Zoning Hearing Board (Board). The Board had dismissed an appeal by Derr Flooring Company (Derr) for a special exception to construct a building to be used, together with the 13.375 acre tract of land, in the operation of a wholesale hardwood flooring and related businesses. Twelve and three-tenths...

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