Franmar Co. Inc. v. Kellogg

DITTER, J.,

The question in this case is whether the refusal of a use permit required by a zoning ordinance is res adjudicata as to a later application for a special exception.

Defendants are the equitable owners of a piece of improved property situate on Sumneytown Pike, Lower Gwynedd Township. On June 1, 1967, defendants filed an application with the zoning officer for a certificate of conformity to use an existing barn on their property for an obedience training school for dog owners. The certificate was refused and the matter appealed to the zoning board of adjustment, which, in turn,…