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BAKER v. Z. H. BD. OF WEST GOSHEN TWP. ET AL.

No. 229 C.D. 1976.

27 Pa.Commw. 602 (1976)

Evelyn B. Baker v. The Zoning Hearing Board of West Goshen Township, Chester County, Pennsylvania and Gino's Inc. Evelyn B. Baker, Appellant.

Commonwealth Court of Pennsylvania.

December 22, 1976.

Attorney(s) appearing for the Case

Fronefield Crawford, Jr., for appellant.

Holbrook M. Bunting, Jr., with him, of counsel, Trevaskis, Calhoun, Nolan, Bennett & Bunting, for Gino's, Inc.

Ronald M. Agulnick, with him Agulnick, Talierco, McShane & Supplee, for Zoning Hearing Board.

Argued October 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, December 22, 1976:

Gino's, Inc. (Gino's), intervenor before the court below and an appellee on this appeal, owns and operates a "fast-food" restaurant as a nonconforming use in West Goshen Township (Township), Chester County. Adjacent to the restaurant, Gino's erected a "Ginoland," consisting of an outdoor dining area and playground apparatus. At the grand opening of the restaurant...

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