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PISCIONERI v. ZONING HEARING BD.

523 Pa. 597 (1990)

568 A.2d 610

Joseph and Frank PISCIONERI, Appellees, v. The ZONING HEARING BOARD OF the BOROUGH OF MUNHALL, Appellee, v. Carol and Michael BALABAN, Judy and Benjamin Boies and Ann and Edward Droschak, Appellants.

Supreme Court of Pennsylvania.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Joel P. Aaronson, Reed Smith Shaw & McClay, Pittsburgh, for appellants.

T.J. Kratzenberg, Kratzenberg, Shields & Lesko, White Oak, for Joseph and Frank Piscioneri.

Andrew J. Banyas, III, Zimmer, Kunz, Loughren & Hart, Pittsburgh, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

Seeking to put a commercial structure, a two story office building, in a residentially-zoned area of Munhall Borough, the appellees asked the zoning board for special exception under the zoning ordinance. Because there is no special exception in the ordinance providing for a commercial structure in a residential area, the zoning board denied their request. Appellees appealed to the Common Pleas Court of Allegheny County who appointed...

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