Berberian Zoning Appeal

Opinion by

Mr. Justice Patterson,

This is an appeal by Nicholas H. Berberian from the decree of the court below dismissing an appeal from the Board of Adjustment of Upper Darby Township which refused to direct the issuance of a building permit for the reason that the proposed use of the property was not substantially the same type and character as of the date of the passage of the Zoning Ordinance.

On April 5, 1938, the Board of Commissioners of Upper Darby Township enacted and approved a Zoning Ordinance. Section 601 of the said Ordinance enumerates the purpose for which a building may be…