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SIMONITIS v. ZONING HEARING BD. OF SWOYERSVILLE

865 A.2d 284 (2005)

David SIMONITIS, Appellant, v. ZONING HEARING BOARD OF SWOYERSVILLE BOROUGH.

Commonwealth Court of Pennsylvania.

Decided January 3, 2005.

Attorney(s) appearing for the Case

William L. Higgs, Mountain Top, for appellant.

Frank J. Aritz, Kingston, for appellee.

BEFORE: LEADBETTER, J., and LEAVITT, J., and KELLEY, Senior Judge.

OPINION BY Judge LEAVITT.

David Simonitis (Appellant) appeals from an order of the Court of Common Pleas of Luzerne County (trial court) denying his request to expand his auto repair business (Application), a non-conforming use of his property.1 On remand from the trial court, the Swoyersville Zoning Hearing Board (Board) found that the use of the property as a garage had been abandoned, and the trial court upheld this finding. Appellant...

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