McCANDLESS TWP. v. BEHO DEV. CORP. ET AL.

No. 407 C.D. 1974.

16 Pa.Commw. 448 (1975)

The Board of Commissioners of McCandless Township, Appellant, v. Beho Development Company, Inc., Albert Singer and Ernest G. Roessler, Appellees.

Commonwealth Court of Pennsylvania.

February 20, 1975.


Attorney(s) appearing for the Case

James W. Dunn, Jr., for appellants.

Robert L. Frantz, with him R.A. King, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellees.

Argued January 8, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, February 20, 1975:

This is an appeal by the Board of Commissioners of McCandless Township (Commissioners) from an order by the Court of Common Pleas of Allegheny County, dated March 1, 1974, which ordered the Commissioners to change the zoning classification of a 6.7 acre tract of land owned by Albert Singer (Singer) and Ernest Roessler (Roessler), from R-2 Residential to R-3 Residential.

The record in this case indicates that at some...

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