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Legal Opinion

Phelan v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided May 14, 1975No. Appeal, No. 971 C.D. 1974PublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Judge Rogers,

This is the appeal of Lower Merion Township from an order of the Court of Common Pleas of Montgomery County declaring Section 2511.11 of the Lower Merion Township Zoning Ordinance unconstitutional. That section prohibits the construction of a tennis court in the front, rear and side yard setback areas required in residential districts in the Township.

Mr. and Mrs. James J. Phelan, Jr. without applying for a zoning permit commenced and half completed construction2 of a tennis court in the backyard of their home, located in an R-2 residential district where the required…

2Cases cited6 opinions

  1. Ellick v. Bd. of Spvrs., Worcester Twp.Commonwealth Court of Pennsylvania · 1975
  2. Norate Corp. v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1965
  3. Eller v. Board of AdjustmentSupreme Court of Pennsylvania · 1964
  4. Robin Corp., Aplnt. v. Bd. of Spvrs., LptCommonwealth Court of Pennsylvania · 1975
  5. Board of Commissioners of McCandless Township v. Beho Development Co.Commonwealth Court of Pennsylvania · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In re American Medical Centers, Inc.Commonwealth Court of Pennsylvania · 1980
  2. McMullen v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985
  3. In re Appeal of Buckingham Developers, Inc.Commonwealth Court of Pennsylvania · 1981
  4. John R. Greene Associates v. Zoning Hearing Board of Lower Allen TownshipCommonwealth Court of Pennsylvania · 1981
  5. Visionquest National, Ltd. v. City of Franklin Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1983

5 more not listed; retrieve them via the Exa API.

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