Kostecky v. MATTERN

OpihioN by

Judge Williams, Jr.,

John M. Kostecky, Jr., has appealed from an order of the Court of Common Pleas of Cumberland County that affirmed a decision of the Zoning Hearing Board of the Borough of Lemoyne (Board). The decision of the Board, over a challenge by Kostecky, had upheld a grant of subdivision approval to Jack B. Mat-tern and his wife, Ernestine 0. Mattern (Matterns), two of the appellees herein.

Appellant Kostecky and the Matterns are adjoining property owners on Cumberland Road in the Borough of Lemoyne. In March 1979, the Matterns had applied for a zoning variance to permit…