SHELLEY ET AL. APPEAL

Nos. 2341 C.D. 1984 and 2389 C.D. 1984.

88 Pa.Commw. 70 (1985)

Constance B. Ruby, t/a Walnut Bottom Tavern v. Carlisle Zoning Hearing Board et al. William L. Shelley et al., Appellants. William L. Shelley et al. v. Zoning Hearing Board of Borough of Carlisle et al. Constance B. Ruby, t/a Walnut Bottom Tavern, Appellant.

Commonwealth Court of Pennsylvania.

March 4, 1985.


Attorney(s) appearing for the Case

Dale F. Shughart, Jr., Fowler, Addams, Shughart & Rundle, for appellant/appellee, Constance B. Ruby t/a Walnut Bottom Tavern.

Frances H. Del Duca, Faller & Del Duca, for appellant/appellee, William L. Shelley et al.

Argued January 28, 1985, before Judges ROGERS, MacPHAIL and DOYLE, sitting as a panel of three.


OPINION BY JUDGE ROGERS, March 4, 1985:

This is the appeal of William Shelley and other protesting neighbors (Shelley) of Walnut Bottom Tavern, a fire-damaged, lawful nonconforming bar and restaurant, from an order of the Court of Common Pleas of Cumberland County modifying, and affirming as modified, an order of the Carlisle Zoning Hearing Board permitting Constance Ruby, the tavern's owner, to repair and use her property as before.1...

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