JENKINS v. COMMONWEALTH.

No. 880 C.D. 1981.

70 Pa.Commw. 241 (1982)

Jim Jenkins (Shrubs-N-Stuff), Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 3, 1982.


Attorney(s) appearing for the Case

Michael J. Seymour, Feczka & Seymour, for appellant.

Victor R. Delle Donne, with him David F. Toal, Baskin and Sears, for appellee.

Argued May 3, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 3, 1982:

Jim Jenkins appeals an Allegheny County Common Pleas Court order which found that he had violated a Borough of Bethel Park zoning ordinance. We vacate and remand.

In 1959, a garden center was established on property zoned for commercial use and an adjacent lot zoned R-3 residential served as the garden center's storage area. In 1977, Jenkins leased the garden center and continued to use the adjacent...

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