Legal Opinion

Freedom Healthcare Services, Inc. v. Zoning Hearing Board of New Castle

Commonwealth Court of Pennsylvania

Decided November 17, 2009No. 1917 C.D. 2008PublishedCited by 9 opinions

1Opinion of the Court

OPINION BY

Judge PELLEGRINI.

Freedom Healthcare Services, Inc. (Freedom) appeals an order of the Court of Common Pleas of Lawrence County (trial court) affirming the Zoning Hearing Board of the City of New Castle’s (Board) denial of its application to operate a medical clinic because it does not have the requisite parking. For the reasons that follow, we reverse.

Freedom is the lessee of certain property located in the City of New Castle which is zoned C — 1 Commercial District. Lot 499 contains a building previously used as a restaurant/tavern, and Lots 498, 522 and 524, adjacent to or across…

2Cases cited3 opinions

  1. Manor Healthcare Corp. v. Lower Moreland Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1991
  2. New Directions Treatment Services v. City Of ReadingCourt of Appeals for the Third Circuit · 2007
  3. Warner-Jenkinson Co. v. ZONING HEARING BD. OF TOWNSHIP OF ROBESONCommonwealth Court of Pennsylvania · 2004

3Cited by9 opinions

  1. Thw Group, LLC v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 2014
  2. Markwest Liberty Midstream & Resources, LLC v. Cecil Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2014
  3. Abington Little League, Inc. v. Glenburn Twp. ZHB ~ Appeal of: D. DruckCommonwealth Court of Pennsylvania · 2023
  4. Bloomsburg Town Center, LLC v. Town of BloomsburgCommonwealth Court of Pennsylvania · 2020
  5. Children's Service Center v. City of Wilkes-Barre ZHBCommonwealth Court of Pennsylvania · 2016

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