Township of Ohio v. Builders Enterprises, Inc.

Dissenting Opinion by

Judge Kramer:

I respectfully dissent. Once again we have presented to the court a request of a nonconforming, use prop-1 *45erty owner to “expand” tlie use onto his property. Unlike the fact situation in the case of Schiller-Pfeiffer, Inc. v. Upper Southampton Township Board of Adjustment, 1 Comm. Ct. 588, 276 A. 2d 334 (1971), the property owner here purchased his property after the amendment to the zoning ordinance. It is also different from the Schiller-Pfeiffer fact situation in that here the lower court made a finding of fact that the owner of this realty, who had used…