Mason v. Schaefer

Opinion by

Mr. Justice O’Brien,

William Mason is the owner of a vacant lot on West Chester Pike at Ardsley Road in Upper Darby Township. The lot is ninety-five feet square and is zoned “B-Business”, having been so zoned by the Upper Darby Zoning Ordinance of 1938. Among the uses permitted in a “B-Business” district, is a “public garage, sales, service and repair shops, . . . .” Such a use, however, requires the grant of a special exception by the zoning board of adjustment.

Mason duly applied to the board for a special exception, proposing to erect a building for the conduct of an automobile…