Desousa v. Zoning Hearing Board

Opinion by

Judge Mencer,

This is an appeal from an order of the Court of Common Pleas of Lehigh County reversing the decision of the Zoning Hearing Board of Whitehall Township (Township) which denied the request of Spring Ridge Apartments (Spring Ridge) for an alterations permit to partially modify a conforming structure to two conforming uses. We reverse.

It is now a well-established rule that where, as here, a lower court does not take any additional testimony, our scope of review is restricted to a determination of whether or not the zoning hearing board committed an abuse of discretion or an…