Valley Forge Plaza Associates v. Upper Merion Township Zoning Hearing Board

CRAIG, President Judge.

Upper Merion Township Zoning Hearing Board and Township of Upper Merion (township) appeal an order of the Court of Common Pleas of Montgomery County, reversing a decision of the zoning hearing board which denied Valley Forge Plaza Associates’ (applicant) request for a special exception. We affirm.

The issue in this case is whether an off-track betting (OTB) facility, with television screens, betting windows, lounges and dining facilities is a “use of the same general character” as a “restaurant and assembly hall” which is “associated” with a hotel or motor lodge.

The…