BORO. OF PROSPECT PK. v. MOLNAR ET UX.

No. 2529 C.D. 1979.

57 Pa.Commw. 99 (1981)

Borough of Prospect Park, Delaware County, Pennsylvania, Appellant v. Joseph Molnar and Margaret Molnar, his wife, Appellees.

Commonwealth Court of Pennsylvania.

February 25, 1981.


Attorney(s) appearing for the Case

F. Martin Duus, Fronefield and deFuria, for appellant.

Edward F. Muller, Jr., Lawhorne, Muller & DelSordo, for appellees.

Argued October 9, 1980, before Judges MacPHAIL, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., February 25, 1981:

The Borough of Prospect Park (appellant) appeals from an Order of the Court of Common Pleas of Delaware County which reversed a decision of the Zoning Hearing Board of the Borough of Prospect Park (Board). The Board had denied Joseph and Margaret Molnar (appellees) permission to expand a non-conforming use of their property.

The facts of this case are not in dispute. Appellees, Joseph and Margaret Molnar,...

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