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F. CASILIO & SONS v. Z. H. B., TWP. OF STROUD

No. 1784 C.D. 1975.

26 Pa.Commw. 608 (1976)

Frank Casilio and Sons, a Partnership v. The Zoning Hearing Board of the Township of Stroud, County of Monroe, State of Pennsylvania and Le-Ra-Do Corporation. Frank Casilio and Sons, Appellant.

Commonwealth Court of Pennsylvania.

October 20, 1976.

Attorney(s) appearing for the Case

Franklin H. Spitzer, with him Wolf, Block, Schorr and Solis-Cohen, for appellant.

Richard E. Deetz, with him Scanlon, Lewis and Williamson, for appellee, Board.

John J. Pentz, Jr., with him Bensinger and Pentz, P.A., for appellee, Corporation.

Argued October 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., and WILKINSON, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, October 20, 1976:

Appellant filed an application to the Zoning Hearing Board for a permit to extend a non-conforming use. Paragraphs 6 and 7 of the application stated:

"6. Permit to expand non-conforming use by virtue of a change to a mechanical processing plant to be erected, the manual processing plant to be razed.

"7. Applicant is entitled to expand a non-conforming use to accommodate the natural expansion of his business...

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