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BROWN v. ZON. H. BD. OF UPPER DUBLIN TWP.

No. 748 C.D. 1972.

11 Pa.Commw. 582 (1974)

Thomas Brown and Lillian R. Brown, His Wife, Michael Kwortnik and Marlene Kwortnik, His Wife, Luther Miller and Vivian Miller, His Wife, A.E. Fricker, Jr. and Lorraine J. Fricker, His Wife, Henry E. Ziegler and His Wife, William Huttlin and Lynne Huttlin, His Wife, Appellants, v. Zoning Hearing Board of Upper Dublin Township, Appellee, and Rita Smith, Intervening Appellee.

Commonwealth Court of Pennsylvania.

January 23, 1974.

Attorney(s) appearing for the Case

Catherine Gallagher Barone, for appellants.

Raymond Jenkins, for appellee.

J. Peirce Anderson, for intervenor.

Argued October 5, 1973, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., January 23, 1974:

The Zoning Hearing Board of Upper Dublin Township granted the application of Mrs. Rita Smith which sought to change the existing nonconforming use on certain land1 situated in Jarrettown, Montgomery County, to enable the premises to be operated as a restaurant with takeout food provisions (another nonconforming use). The Common Pleas Court of Montgomery County affirmed the Board.

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