APPEAL OF NESHAMINY AUTO VILLA LTD.

No. 1057 C.D. 1975.

25 Pa.Commw. 129 (1976)

In Re: The Appeal of Neshaminy Auto Villa Ltd. to the Zoning Hearing Board of Bensalem Township, Bucks County, Pa., From the Action of the Township Zoning Officer and Alternative Request for a Variance From Bensalem Township Zoning Ordinance as Amended by Ordinance No. 173, December 27, 1973. Bensalem Township, Appellant.

Commonwealth Court of Pennsylvania.

June 9, 1976.


Attorney(s) appearing for the Case

Henry F. Huhn, for appellant.

Robert Jay Vedatsky, with him Vedatsky & Spotila, for appellee.

Argued April 9, 1976, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.


OPINION BY JUDGE MENCER, June 9, 1976:

This is an appeal from a decision of the Court of Common Pleas of Bucks County, sitting en banc, which interpreted amending Ordinance No. 173 of Bensalem Township (Township) so as to render it inapplicable to appellees, Neshaminy Auto Villa, Ltd. (Neshaminy).

The basic facts in this case are not in dispute. Neshaminy purchased an unused gas station in the "General...

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