Legal Opinion

Kelly Et Ux. v. Zhb, Mars Boro.

Commonwealth Court of Pennsylvania

Decided March 9, 1989No. Appeal 1178 C.D. 1988PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Judge Colins,

Mars Borough (appellant) appeals an order of the Court of Common Pleas of Butler County entered April 26, 1988, reversing the decision of the Zoning Hearing Board of Mars Borough (Board) which had denied A.D. and Shirley S. Kelly’s (appellees) application for a building permit. We reverse.

On July 27, 1987, appellees sought a permit for the construction of a garage on property which is located in a R-l district. At the time of this application, the property in question was vacant except for a small 10' x 20' shed that was used for storage purposes. The appellees sought…

2Cases cited2 opinions

  1. Food Bag, Inc. v. Mahoning Township Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1980
  2. Markley v. Carlisle Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1987

3Cited by4 opinions

  1. Carmical v. McAfeeCourt of Appeals of Arkansas · 1999
  2. Upper Saucon Township v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1990
  3. A. DiMattia and N.E. DiMattia v. ZHB of East Whiteland Twp.Commonwealth Court of Pennsylvania · 2017
  4. Warner-Jenkinson Co. v. ZONING HEARING BD. OF TOWNSHIP OF ROBESONCommonwealth Court of Pennsylvania · 2004

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