Legal Opinion
Fazio v. Zoning Hearing Board
Commonwealth Court of Pennsylvania
Decided October 26, 1977No. Appeal, No. 2228 C.D. 1976PublishedCited by 7 opinions
1Opinion of the Court
Opinion by
Judge Wilkinson, Jr.,
This is an appeal from a decision by the Court of Common Pleas of Chester County affirming the denial of a variance or special exception by the Zoning Hearing Board (Board) of East Marlborough Township (Township).
Appellants are the owners of an 8.9 acre tract in the Township where they have grown mushrooms for sale since 1927. In 1960 the Township enacted a zoning ordinance which permitted mushroom plants to be located in the Township. Section 305 of the Township Zoning Ordinance provides in relevant part:
Special Regulations Concerning Mushroom Plants. Mushroom…
2Cases cited5 opinions
- Eller v. Board of AdjustmentSupreme Court of Pennsylvania · 1964
- Altemose Construction Co. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1971
- Hauser v. Borough of Catasauqua Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1975
- B & B Shoe Products Co. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1977
- Appeal of Mobil Oil Co.Commonwealth Court of Pennsylvania · 1975
3Cited by7 opinions
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
- Beekhuis v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1981
- In re American Medical Centers, Inc.Commonwealth Court of Pennsylvania · 1980
- Zoning Hearing Board v. Lenox Homes, Inc.Commonwealth Court of Pennsylvania · 1982
- Broad Acres Construction, Inc. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1983
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