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GILBERT v. MONTGOMERY TWP. Z.H.B.

No. 149 C.D. 1980.

58 Pa.Commw. 296 (1981)

Blair A. Gilbert v. Montgomery Township Zoning Hearing Board and Montgomery Township. Montgomery Township, Appellant.

Commonwealth Court of Pennsylvania.

April 7, 1981.

Attorney(s) appearing for the Case

Emory W. Buck, with him William R. Cooper, and Stewart J. Greenleaf, Cooper & Greenleaf, for appellant.

Marc D. Jonas, Hamburg, Rubin, Mullin & Maxwell, for appellee.

Argued March 5, 1981, before President Judge CRUMLISH and Judges BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 7, 1981:

This is an appeal by Montgomery Township from the order of the Court of Common Pleas of Montgomery County which reversed the Montgomery Township Zoning Hearing Board's denial of applicant Blair Gilbert's request for a special exception.

Applicant sought a special exception permitting storage of tires in two truck trailers on his commercially zoned lot. After a hearing, in which the township did not participate, the board...

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