NASCONE ET AL. v. ROSS TWP. Z. H. BD. ET AL.

No. 766 C.D. 1983.

81 Pa.Commw. 482 (1984)

Frank J. Nascone et al., Appellants v. Ross Township Zoning Hearing Board et al., Appellees.

Commonwealth Court of Pennsylvania.

April 11, 1984.


Attorney(s) appearing for the Case

Frederick A. Boehm, with him Patrick J. Clair, Goehring, Rutter & Boehm, for appellants.

James W. Dunn, Jr., for appellees, Herbert L. and Nancy Rose Berie, his wife et al.

John M. Means, Markel, Schafer & Means, P.A., for appellee, Ross Township Zoning Hearing Board.

Argued October 3, 1983, before President Judge CRUMLISH, JR. and Judges BARRY and BARBIERI, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 11, 1984:

Nascone appeals an Allegheny County Common Pleas Court's affirmance of a decision of the Ross Township Zoning Hearing Board which had reversed the Township Commissioners' approval of Nascone's shopping mall development plan. We affirm.

Nascone submitted an application for site plan approval of a proposed shopping mall to the Township Planning Commission on November 19, 1981, pursuant to the Ross Township...

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