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DiMARTINO v. Z. H. B., NEWTOWN TWP.

No. 1520 C.D. 1984.

93 Pa.Commw. 498 (1985)

Benito DiMartino, Appellant v. The Zoning Hearing Board of Newtown Township, Delaware County, Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 17, 1985.

Attorney(s) appearing for the Case

Joseph P. Caranci, with him, Walter T. ReDavid, ReDavid & Caranci, for appellant.

Robert J. Sugarman, with him, Robin T. Locke, Sugarman, Denworth & Hellegers, for appellee.

Argued April 12, 1985, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, December 17, 1985:

This appeal results from an order of the Court of Common Pleas of Delaware County which affirmed the decision of the Zoning Hearing Board of Newtown Township (Board) denying an application for a special exception filed by Benito DiMartino (applicant).

Applicant purchased a lot in Newtown Township in 1959. He testified that he signed an agreement of sale in January, 1959; the closing, however, was not

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