Kemp v. White Oak Zoning Hearing Board

Opinion by

President Judge Crumlish, Jr.,

The Allegheny County Common Pleas Court reversed a White Oak Zoning Hearing Board’s (Board) denial of George and Ann Kemp’s special exception application and the Board’s conclusion that their requested use was not a permitted accessory use. The Borough of White Oak (Borough) appeals. The Kemps have moved to quash the appeal. We deny the Kemps ’ Motion to Quash and affirm the common pleas court.

The Kemps, owners of two single-family dwellings on adjoining tracts, applied for a special exception to the Borough’s Zoning Ordinance. George Kemp conducts an…