Zoning Hearing Board v. Lenox Homes, Inc.

Opinion by

Judge Craig,

This zoning appeal seeks reversal of an order of the Common Pleas Court of Chester County directing the issuance of two building permits to the appellee landowner, Lenox Homes, Inc., allowing the erection of a dwelling on each of two lots in a 23-lot plan previously given subdivision approval by Willistown Township.

Although the township issued building permits for .dwellings on the other 21 lots of the plan, it had refused permits for the two lots in question under Section 1413 of the township’s zoning ordinance, providing:

Where a lot abuts a stream, lake or similar body…