McClintock v. Zoning Hearing Board

Opinion by

Judge Smith,

Stanley and Avis McClintock (Appellants), husband and wife, appeal from the order of the Court of Common Pleas of Erie County which affirmed Appellee Fairview Borough Zoning Hearing Boards (Board) decision to grant a variance to their neighbor, David B. Wiley (Wiley). Questions presented for review are whether the Boards finding of hardship upon which it granted the instant variance was supported by substantial evidence and, whether the trial court, without taking additional evidence, erred in affirming the Board. The trial courts decision is reversed.

Wiley initially…