Austin v. Zoning Hearing Board

Opinion by

Judge Rogers,

David Gr. Austin and Vicky K. Austin, husband and wife (appellants), have appealed from an order of the Court of Common Pleas of Northampton County affirming a decision of the Forks Township Zoning Hearing Board (board) which denied in part their application to expand a lawful nonconforming use.

The facts are not in dispute. The appellants own a three-acre parcel of land located along Pennsylvania Route No. 115, a major thoroughfare through Forks Township. There are two acres of apple trees on the tract. Prior to the enactment of the township’s zoning ordinance, the…