HELLER v. ZONING HEARING BD.


139 Pa.Commw. 73 (1991)

589 A.2d 773

Richard HELLER and Catherine S. Heller, t/d/b/a Duquesne Distributing Company v. ZONING HEARING BOARD OF INDIANA BOROUGH. Appeal of ZONING HEARING BOARD OF INDIANA BOROUGH.

Commonwealth Court of Pennsylvania.

Decided April 10, 1991.


Attorney(s) appearing for the Case

James K. Nicely, Indiana, for appellant.

Alan Holsinger, Holsinger, Clark, Armstrong & Supinka, Indiana, for appellees.

Before McGINLEY and BYER, JJ., and CRUMLISH Jr., Senior Judge.


CRUMLISH, Jr., Senior Judge.

The Zoning Hearing Board of Indiana Borough (Board) appeals an Indiana County Common Pleas Court order reversing the Board and directing issuance of a permit for a non-conforming use to Richard Heller. We quash the appeal.

The property is located in an R-4 (residential) Zone, created pursuant to the Indiana Borough Zoning Ordinance (ordinance), adopted in February, 1979. Prior to adoption of the ordinance, the property was developed...

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