MONROEVILLE ET AL. v. EFFIE'S UPS & DOWNS

No. 465 C.D. 1973.

12 Pa.Commw. 279 (1974)

Borough of Monroeville, and Jack R. Norris, Zoning Officer of Said Borough and Shangri-La Residents Club, Inc., a Nonprofit Corporation, Appellants, v. Effie's Ups and Downs, an Unincorporated Association, by James A. Rutter, Trustee Ad Litem, Appellee.

Commonwealth Court of Pennsylvania.

February 15, 1974.


Attorney(s) appearing for the Case

Richard L. Rosenzweig, with him Rosenzweig & Rosenzweig, for appellants, Borough of Monroeville and Jack R. Norris.

James W. Daub, for appellant, Shangri-La Residents Club, Inc.

Frederick A. Boehm, with him Goehring, Rutter & Boehm, for appellee.

Argued November 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, February 15, 1974:

Effie's Ups and Downs (Association) is an unincorporated association which leases a 40 acre tract of land in the Borough of Monroeville. The Association intends to develop this tract as a recreational area, providing snowmobile and trailmobile facilities and a lodge for the use of Association members. At the time these proceedings were begun, the tract was in a district zoned "S" Conservancy, and a recreation area was a permitted...

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