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DESOUSA, ET AL. v. Z. H. B. WHITEHALL TWP.

No. 965 C.D. 1974.

19 Pa.Commw. 367 (1975)

Norman Desousa and Raymond Garfinkle, t/a Spring Ridge Apartments, v. The Zoning Hearing Board of Whitehall Township. Whitehall Township, Appellant.

Commonwealth Court of Pennsylvania.

May 30, 1975.

Attorney(s) appearing for the Case

F. Paul Laubner, with him Harry A. Kitey, for appellant.

Henry S. Perkin, with him Nabhan & Nabhan, for appellees.

Argued April 1, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, May 30, 1975:

This is an appeal from an order of the Court of Common Pleas of Lehigh County reversing the decision of the Zoning Hearing Board of Whitehall Township (Township) which denied the request of Spring Ridge Apartments (Spring Ridge) for an alterations permit to partially modify a conforming structure to two conforming uses. We reverse.

It is now a well-established rule that where, as here, a lower court does not take any...

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