LATROBE SPEEDWAY, INC. v. ZONING HEARING BD. OF UNITY TOWNSHIP


720 A.2d 127 (1998)

LATROBE SPEEDWAY, INC. and Chester M. Aretta, Appellees, v. ZONING HEARING BOARD OF UNITY TOWNSHIP, WESTMORELAND COUNTY, Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided November 23, 1998.


Attorney(s) appearing for the Case

William c. Stillwagon, Greensburg, for Zoning Hearing Bd. of Unity Tp.

John M. O'Connell, Jr., Greensburg, for Latrobe Speedway and Chester Aretta.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

The Unity Township Zoning Hearing Board appeals from the decision and order of the Commonwealth Court reversing the order of the Westmoreland County Common Pleas Court, which denied Appellees' application for an occupancy permit to operate an automobile racetrack on property owned by Latrobe Speedway, as a prior nonconforming use. The Commonwealth Court remanded to the Unity Township Zoning Hearing Board with direction that...

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