Sgarlat v. Kingston Borough Board of Adjustment

Opinion by

Mr. Justice Cohen,

This is an appeal from the final decree of the court en banc of Luzerne County affirming the refusal of appellee, Board of Adjustment of Kingston Borough (Board), either to grant appellants’ request for a zoning variance or to declare the relevant zoning ordinance unconstitutional.

In 1936, Frank B. Sgarlat, individual appellants’ father and predecessor in title purchased the tract of land at issue in these proceedings. The tract consisted of more than nine acres of unimproved brush land which is flooded annually by the adjacent Susquehanna Biver. Bounding one side…