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FRETZ, INC., APLNT. v. HTWN. TWP. Z. H. B.

No. 1367 C.D. 1974.

18 Pa.Commw. 471 (1975)

J. Richard Fretz, Inc., Appellant, v. Hilltown Township Zoning Hearing Board, Appellee.

Commonwealth Court of Pennsylvania.

April 23, 1975.

Attorney(s) appearing for the Case

Ian A. Abarbanel, with him Weber and Abarbanel, for appellant.

Charles S. Wilson, with him Charles S. Wilson & Associates, for appellee.

Argued April 4, 1975, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 23, 1975:

The question raised in this appeal of a landowner is whether the Zoning Hearing Board of Hilltown Township, Bucks County, whose action was affirmed by the court below, abused its discretion or committed an error of law in refusing the appellant's application to establish stores and offices in a residential zoning district.

One seeking a variance has the burden of proving that an unnecessary hardship, unique or peculiar...

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