SITES et al. v. W. GOSHEN ZONING H. BD.

Appeal, No. 685 C.D. 1971.

5 Pa.Commw. 78 (1972)

Sites, et al. v. West Goshen Zoning Hearing Board.

Commonwealth Court of Pennsylvania.

March 10, 1972.


Attorney(s) appearing for the Case

Joseph A. Damico, Jr., with him Fronefield, DeFuria and Petrikin, Joseph F. Harvey, and MacElree, Platt and Harvey, for appellants.

Thomas M. Twardowski, with him Robert W. Lentz and Lentz, Riley, Cantor, Kilgore & Massey, for appellee.

Argued January 5, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS disqualified himself and did not participate.


OPINION BY JUDGE WILKINSON, March 10, 1972:

This is an appeal from an Order of the Court of Common Pleas of Chester County, affirming the granting of a Special Exception by the Zoning Hearing Board of West Goshen Township to the applicant to operate a club, i.e., an American Legion Post, in an R-3 Residential District. The Zoning Ordinance provides for a Special Exception in an R-3 District: "Club, fraternal...

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