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B.A.C., INC. v. Z. H. B., MILLCREEK TWP. ET AL.

Nos. 316 C.D. 1984 and 446 C.D. 1984.

89 Pa.Commw. 285 (1985)

B.A.C., Inc. v. The Zoning Hearing Board of Millcreek Township et al. The Township of Millcreek, Appellant. B.A.C., Inc. v. The Zoning Hearing Board of Millcreek Township et al. St. Jude's Church, Appellant.

Commonwealth Court of Pennsylvania.

May 15, 1985.

Attorney(s) appearing for the Case

Richard W. Perhacs, Elderkin, Martin, Kelly, Messina & Zamboldi, with him, Vedder J. White, McClure, Dart, Miller, Kelleher & White, for appellants.

James D. McDonald, Jr., with him, George Joseph, Quinn, Gent, Buseck and Leemhuis, Inc., and Lindley R. McClelland, with him, Joseph M. Walsh, Jr., McClelland, Brabender and Walsh, for appellees.

Robert A. Mills, McNees, Wallace & Nurick, for Amicus Curiae, Pennsylvania Manufactured Housing Association.

Argued March 12, 1985, before Judges CRAIG and DOYLE and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, May 15, 1985:

In this zoning appeal, we have a question of first impression: Where a zoning ordinance does not list a requested use among the specific use types allowable as special exceptions, may the trial court nevertheless grant special exception approval on the basis that the request complies with the ordinance's general standards governing all special exceptions?

In addition to that key issue, we must review a number of other...

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