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ZONING HEARING BOARD v. KONYK

Appeal, No. 599 C.D. 1971.

5 Pa.Commw. 466 (1972)

Zoning Hearing Board v. Konyk.

Commonwealth Court of Pennsylvania.

May 5, 1972.

Attorney(s) appearing for the Case

George Koudelis, with him Joseph P. Mylotte and McEwen & McEwen, for appellant.

Max W. Gibbs, with him Sand, Gibbs & Smilk, for appellee.

Argued February 7, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., May 5, 1972:

A special exception was sought for a gasoline service station in a "Business" zoning district of Upper Darby Township (Delaware County). After taking testimony, the Township Zoning Hearing Board denied the application. The Court of Common Pleas of Delaware County, without hearing additional evidence, reversed the Board. Hence this appeal. We affirm the court's decision.

Our scope of review in zoning appeals, as...

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