GRACE BLDG. CO., INC. v. Z. H. B. OF U. MERION T.

No. 459 C.D. 1976.

38 Pa.Commw. 178 (1978)

In Re: Appeal of Grace Building Co., Inc. from the Decision of the Zoning Hearing Board of Upper Merion Township, as to Lots 6 Through 9, Section "E", Lincoln Avenue, Upper Merion Township, Montgomery County, Pennsylvania. Grace Building Co., Inc., Appellant v. Zoning Hearing Board of Upper Merion Township, Appellee.

Commonwealth Court of Pennsylvania.

October 18, 1978.


Attorney(s) appearing for the Case

Alfred O. Breinig, Jr., for appellant.

Gregory J. Dean, with him Meneses and Dean, for appellee.

Argued April 6, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.


OPINION BY JUDGE BLATT, October 18, 1978:

The Grace Building Co. (appellant) appeals here from an order of the Court of Common Pleas of Montgomery County which affirmed a decision of the Zoning Hearing Board of Upper Merion (Board) denying the appellant's request for a special exception and/or variance to construct a dwelling on an undersized lot.

The appellant is the owner of three lots located in an area of Upper Merion Township which is zoned R-2

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