Legal Opinion

Hitz v. ZONING BD. OF SOUTH ANNVILLE TP.

Commonwealth Court of Pennsylvania

Decided July 9, 1999PublishedCited by 8 opinions

1Opinion of the Court

FRIEDMAN, Judge.

Boyd M. Hitz and Judy Lynn Hitz (Landowners) 1 appeal from an order of the Lebanon County Court of Common Pleas (trial court) which affirmed the decision of the South Annville Township (Township) Zoning Hearing Board (ZHB) denying Landowners’ application for a variance to expand their nonconforming use of their property as an antiques mall. We also affirm but on different grounds. 2

In 1949, Landowners purchased the property in question for use as a family farm. (ZHB’s Findings of Fact, No. 5; R.R. 132a; R.R. 104a.) In 1973, the Township enacted its first zoning ordinance,…

2Cases cited10 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. City of Pittsburgh v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1989
  3. Silver v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1969
  4. Township of Haverford v. SpicaCommonwealth Court of Pennsylvania · 1974
  5. Jenkintown Towing Service v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1982

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3Cited by8 opinions

  1. Cornell Companies, Inc. v. Borough of New MorganDistrict Court, E.D. Pennsylvania · 2007
  2. Kuszyk v. Zoning Hearing Board of Amity TownshipCommonwealth Court of Pennsylvania · 2003
  3. Segal v. Zoning Hearing Board of Buckingham TownshipCommonwealth Court of Pennsylvania · 2001
  4. Rittenhouse Row v. AspiteCommonwealth Court of Pennsylvania · 2006
  5. Finegan v. BOARD OF SUP'RS OF EARL TP.Commonwealth Court of Pennsylvania · 2003

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