Itama Development Associates, LP v. ZHB of the Twp. of Rostraver v. Twp. of Rostraver v. Minuteman Environmental Services, Inc.

OPINION BY

Judge MARY HANNAH LEAVITT.

Itama Development Associates, L.P., appeals an order of the Court of Common Pleas of Westmoreland County (trial court) denying the consolidated land use appeals of Itama and its tenant, Minuteman Environmental Services, Inc. In doing so, the trial court affirmed the Rostraver Township Zoning Hearing Board’s (Zoning Board) order directing Minuteman to cease and desist commercial trucking activities on Itama’s property. Because Minuteman’s activities were a continuation of a legal nonconforming use, we reverse.

Background

The subject Property is a 2.9-acre…