Legal Opinion

Pompei v. Zoning Hearing Board

Pennsylvania Court of Common Pleas, Delaware County

Decided July 13, 1972No. 291 of 1972Published

1Opinion of the Court

LIPPINCOTT, J.,

— The Zoning Hearing Board of Middletown Township granted a special exception permitting the enlargement of a nonconforming restaurant subject, inter alia, to two conditions or restrictions: (1) that the owners must install directional signs requiring exiting only through a proposed shopping center adjacent to the subject premises; and (2) that 80 parking spaces be provided, although the ordinance itself only requires 30. The property owners have appealed from the imposition of these restrictions, alleging that they are unreasonable, arbitrary and improper.

Appellants presently…

2Cases cited6 opinions

  1. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  2. Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
  3. Nicholson v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1958
  4. Fifty-Fourth Street Center, Inc. v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1959
  5. State v. LongNew York Court of General Session of the Peace · 1948

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