Legal Opinion · Concurring in part, dissenting in part

Colonial Park for Mobile Homes, Inc. v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided May 5, 1972No. Appeal, No. 302 C.D. 1970Published

1Concurring in part, dissenting in part

Opinion by

Judge Kramer

(Concurring and dissenting in part) :

I agree with the majority on their determination that the appellant’s argument based upon the expansion of a nonconforming use cannot be upheld under the facts of this case. This writer wrote a Dissenting Opinion in the case of Township of Ohio v. Builders Enterprises, Inc., 2 Pa. Commonwealth Ct. 39, 276 A. 2d 556 (1971); and the Majority Opinion was affirmed by the Supreme Court at 446 Pa. 319, 284 A. 2d 686 *606(1972). The effect of these decisions is that the owner of a nonconforming use property must have patently indicated that the…

2Cases cited8 opinions

  1. National Land & Investment Co. v. Easttown Township Board of AdjustmentSupreme Court of Pennsylvania · 1965
  2. Bilbar Construction Co. v. Easttown Township Board of AdjustmentSupreme Court of Pennsylvania · 1958
  3. Lord AppealSupreme Court of Pennsylvania · 1951
  4. Beaver Gasoline Co. v. Osborne BoroughSupreme Court of Pennsylvania · 1971
  5. Volpe AppealSupreme Court of Pennsylvania · 1956

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