Eaton v. Zoning Hearing Board

Opinion by

Judge Barry,

This is an appeal from a decision of the Court of Common Pleas of Tioga County, Pennsylvania, which affirmed a decision of the Zoning Hearing Board of the Borough of Wellsboro (Board) granting a request by the Soldiers and Sailors Memorial Hospital (Hospital) for a special exception to use a part of its property in a residential district for a hemodialysis unit.

Two proceedings in the Court of Common Pleas of Tioga County dealt with the application for the special exception submitted by the Hospital. The first proceeding involved a declaratory judgment action brought by…