PFILE et al. v. BOROUGH OF SPEERS

Appeals, Nos. 562 C.D. 1971 and 569 C.D. 1971.

7 Pa.Commw. 226 (1972)

Pfile, et al. v. Borough of Speers (Cross-appeals).

Commonwealth Court of Pennsylvania.

December 21, 1972.


Attorney(s) appearing for the Case

Melvin B. Bassi, with him Woodward & Bassi, for applicants.

Jack H. France, with him Murphy and France, for Borough of Speers.

Argued February 25, 1972, before Judges KRAMER, MENCER and BLATT, sitting as a panel of three. Reargued October 31, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, December 21, 1972:

These appeals are from a decision of the Court of Common Pleas of Washington County reversing the decision of the Zoning Board of Adjustment (now Zoning Hearing Board) of Speers Borough which denied the application for a variance requested by the landowners herein in order that a gasoline service station could be built on the subject property which is zoned R-2 Residence District, a classification which makes no provision...

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