PA. N.W. DIST. v. ZONING HEARING BD.


526 Pa. 186 (1991)

584 A.2d 1372

PA NORTHWESTERN DISTRIBUTORS, INC., Appellant, v. The ZONING HEARING BOARD OF the TOWNSHIP OF MOON and the Township of Moon, Appellees.

Supreme Court of Pennsylvania.

Decided January 7, 1991.


Attorney(s) appearing for the Case

Michael E. Brunnabend, Allentown, for appellant.

Robert E. Durrant, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for Tp. of Moon.

Charles M. Means, Markel, Schafer & Means, P.C., Pittsburgh, for Zoning Hearing Bd.

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


OPINION OF THE COURT

LARSEN, Justice.

This appeal presents an issue of first impression to this Court, i.e., whether a zoning ordinance which requires the amortization and discontinuance of a lawful pre-existing nonconforming use is confiscatory and violative of the constitution as a taking of property without just compensation.

On May 4, 1985, after obtaining the necessary permits and certificates to conduct its business on leased premises, appellant...

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