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GOTTLIEB v. L. MORELAND T. Z. H. B., ET AL.

No. 1254 C.D. 1974.

22 Pa.Commw. 365 (1975)

Milton Gottlieb and Barbara Annette Gottlieb, his wife, v. Zoning Hearing Board of Lower Moreland Township and Sylvan Pools, Inc. and Harvey Goodman and Carol S. Goodman, his wife. Milton Gottlieb and Barbara Annette Gottlieb, Appellants.

Commonwealth Court of Pennsylvania.

December 15, 1975.

Attorney(s) appearing for the Case

Marc D. Jonas, with him Morris Gerber and Gerber, Davenport & Wilenzik, for appellants.

Randolph A. Warden, with him Silverman and Warden, for appellee.

Carl T. Bogus, with him Alan R. Squires, and Steinberg, Greenstein, Richman & Price, for intervening appellees.

Argued April 4, 1975, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 15, 1975:

This is an appeal from a decision of the Court of Common Pleas of Montgomery County affirming the grant of a variance to Mr. and Mrs. Harvey Goodman by the Zoning Hearing Board (Board) of Lower Moreland Township (Township). We must reverse.

This controversy arises out of the construction by the Goodmans of a swimming pool on the Goodman property in 1973. In their original application to the Township for a building...

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