Seidita v. Board of Zoning Appeals

Opinion by

Judge MacPhail,

Christoforo A. Seidita applied to the Zoning Board of the City of Scranton (Board) for a special exception to use certain premises as a day care center for young children. The Board denied Seidita’s application. Seidita appealed to the Court of Common Pleas of Lackawanna County, which, without taking further testimony, held that the Board’s denial of the special exception constituted “an indefensible abuse of discretion and an error of law. ’ ’ The Court also held that Seidita was entitled to the exception unless there was persuasive proof that the health, safety and…