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FAZIO ET AL. v. Z. H. B. OF E. MARLBOROUGH TWP.

No. 2228 C.D. 1976.

32 Pa.Commw. 243 (1977)

Ralph J. Fazio and Mary G. Fazio, Appellants v. The Zoning Hearing Board of East Marlborough Township, Appellee.

Commonwealth Court of Pennsylvania.

October 26, 1977.

Attorney(s) appearing for the Case

Randy L. Sebastian, with him William J. Gallagher, and MacElree, Harvey, Gallagher & Kean, Ltd., for appellants.

John S. Halstead, with him Gawthrop & Greenwood, for appellee.

Argued October 3, 1977, before Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of two.

OPINION BY JUDGE WILKINSON, JR., October 26, 1977:

This is an appeal from a decision by the Court of Common Pleas of Chester County affirming the denial of a variance or special exception by the Zoning Hearing Board (Board) of East Marlborough Township (Township).

Appellants are the owners of an 8.9 acre tract in the Township where they have grown mushrooms for sale since 1927. In 1960 the Township enacted a zoning ordinance which permitted mushroom plants...

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