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SHINN et al. v. L. MERION TWP. ZON. H. BD. et al.

Appeal, No. 104 C.D. 1972.

10 Pa.Commw. 545 (1973)

Gladys deH. Shinn, William Shinn, Ann O'Brien, John B. O'Brien and Frank Titlow, Appellants, v. Lower Merion Township Zoning Hearing Board, Appellee, and Atlantic Richfield Company and Margaret Laughead, Intervening Appellees.

Commonwealth Court of Pennsylvania.

November 21, 1973.

Petition for reargument denied, December 5, 1973.

Attorney(s) appearing for the Case

W. Horace Hepburn, with him Justin G. Duryea and Duryea, Larzelere & Hepburn, for appellants.

Robert S. Ryan, with him Henry S. Bryans, Lewis H. Van Dusen, Jr. and Drinker, Biddle & Reath, for appellee.

James S. Kilpatrick, Jr., with him Thomas J. Burke and Haws & Burke, for intervening appellees.

Argued October 1, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, November 21, 1973:

"The case herein represents a unique factual situation and an unusual zoning question which does not fall into any of the formalized categories yet decided. It is unlikely to occur again and the law, being a living instrument, must try to benefit the community, protect the property of all, without distorting the precedents existing. The Lower Merion Board has done it and we agree with its findings."

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