Simonitis v. Zoning Hearing Board

OPINION BY

Judge LEAVITT.

David Simonitis (Appellant) appeals from an order of the Court of Common Pleas of Luzerne County (trial court) denying his request to expand his auto repair business (Application), a non-conforming use of his property.1 On remand from the trial court, the Swoyersville Zoning Hearing Board (Board) found that the use of the property as a garage had been abandoned, and the trial court upheld this finding. Appellant also appeals the trial court’s earlier remand order; he contends that the trial court erred in remanding because the Board failed to issue a written decision…