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ORTH. M., ELKINS P. v. CHLTNHM. T.Z.H.B.

No. 2538 C.D. 1987.

123 Pa.Commw. 29 (1989)

552 A.2d 772

Orthodox Minyan of Elkins Park, Appellant v. Cheltenham Township Zoning Hearing Board and Township of Cheltenham, Appellees.

Commonwealth Court of Pennsylvania.

January 20, 1989.

Attorney(s) appearing for the Case

Hillel Lewis, with him, Abraham Leizerowski, Gerald Jay Pomerantz & Associates, P.C., for appellant.

Gilbert P. High, Jr., High, Swartz, Roberts & Seidel, for appellees.

Argued December 16, 1988, before Judges DOYLE and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, January 20, 1989:

The Orthodox Minyan of Elkins Park (Appellant) appeals the order of the Court of Common Pleas of Montgomery County which affirmed the decision of the Cheltenham Township Zoning Hearing Board (Board) denying Appellant a special exception to use its property as a synagogue. We reverse and remand.

A Minyan of the Orthodox Jewish faith is a congregation consisting of at least ten adult members and a rabbi. Appellant...

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