TORAK et al. v. BD. of ADJ. of U. MERION TWP.


2 Pa.Commw. 48 (1971)

Joseph L. Torak, Mary Lou Torak, Helen Borkowski and Eugene Borkowski v. Board of Adjustment of Upper Merion Township.

Commonwealth Court of Pennsylvania.

May 5, 1971.


Attorney(s) appearing for the Case

Joseph L. Torak, with him E. William Heuser, for appellants.

James E. Meneses, with him Gregory J. Dean, for appellee.

Argued February 10, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and ROGERS.


OPINION PER CURIAM, May 5, 1971:

The order affirming the Board of Adjustment of Upper Merion Township in denying appellants' request for a variance is affirmed upon the opinion of Judge WILLIAM W. VOGEL, written for the Court of Common Pleas of Montgomery County, reported at 92 Montg. Co. L.R. 136 (1970).

CONCURRING OPINION BY JUDGE KRAMER:

The realty involved in this case is an island completely surrounded by the asphalt and concrete of roads, one...

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