Borough of West Chester v. Lal

Opinion by

Judge Wilkinson, Jr.,

Appellee was charged with violations of appellant’s Borough Code and Building Code, arising from the use of the underground lower level of his home as living facilities for rent. The Chester County Court of Common Pleas found appellee not guilty of all charges after trial de novo on appeal from summary convictions. We must reverse and remand to the court of common pleas to enter an appropriate verdict.

The property in question is located within a “R-3” residential district, in which a single-family detached house is the only permitted use absent accessory and…