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URBANO v. ZONING BD. OF U. MERION TWP.

1 Pa.Commw. 574 (1971)

Nicholas Urbano v. Zoning Hearing Board of Upper Merion Township.

Commonwealth Court of Pennsylvania.

April 13, 1971.

Attorney(s) appearing for the Case

Joseph L. Torak, with him E. William Heuser, and Torak, Heuser & Grant, for appellant.

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

Argued February 9, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE WILKINSON, April 13, 1971:

In November of 1968, Marriott Hot Shoppes, Inc. — Royal Properties, Inc., lessee of the owner, Nicholas Urbano, applied to the Upper Merion Township Board of Adjustment for a variance to remove three buildings existing on the site and construct thereon one building to be used as a restaurant. The record shows that the type building to be built by Marriott was the familiar

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