BOROUGH OF MALVERN ET AL. v. AGNEW ET AL.

No. 238 C.D. 1973.

11 Pa.Commw. 285 (1973)

Borough of Malvern, Ernest L. Kenny & J. Gilbert Scott, Appellants, v. C.N. Agnew, Jr., K.R.I. South, John R. Blackburn, Joseph Morelli, Hyman D. Stein, Appellees.

Commonwealth Court of Pennsylvania.

December 28, 1973.


Attorney(s) appearing for the Case

Robert J. Shenkin, with him, of counsel, MacElree, Platt, Harvey & Gallagher, Ltd., for appellants, Kenny and Scott.

Francis X. Hope, Jr., with him, of counsel, Hope, Portnoff & Grant, Ltd., for appellant, Borough of Malvern.

Thomas A. Riley, with him John C. Snyder and Lentz, Riley, Cantor, Kilgore & Massey, Ltd., for appellees, K.R.I., K.R.I. South and Agnew.

W. Richard Gentry, for appellee, Morelli.

Ronald M. Agulnick, with him Agulnick & Talierco, Assoc., for appellees, Blackburn and Stein.

Argued October 3, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS did not participate.


OPINION BY JUDGE KRAMER, December 28, 1973:

This is an appeal from an order of the Court of Common Pleas of Chester County dated January 24, 1973, setting aside the adjudication of the Zoning Hearing Board (Board) of the Borough of Malvern (Borough) in which the Board had sustained an appeal from the granting of building permits to the three appellees in this case.

On December 17, 1971, the Malvern Borough Council enacted Ordinances Nos. 190 and 191 which...

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