Legal Opinion

Borough of Moosic v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided December 1, 2010PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY

Judge COHN JUBELIRER.

Giuseppe Basile (Basile) appeals from the Order of the Court of Common Pleas of Lackawanna County (trial court), which affirmed the decision of the Zoning Hearing Board of the Borough of Moosic (ZHB) denying a building permit to erect a roof over a 20-foot by 40-foot outdoor concrete patio attached to Basile’s restaurant.

Basile is the owner of Grande Pizza Restaurant (Building), which is located at 4200 Birney Avenue in the Borough of Moosic (Borough). On February 28, 2008, Basile submitted a permit application and plans to renovate the Building at an estimated…

2Cases cited5 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. Tu-Way Tower Co. v. Zoning Hearing Board of the Township of SalisburyCommonwealth Court of Pennsylvania · 1997
  3. Upper Southampton Township. v. Upper Southampton Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2007
  4. Kirk v. Smay.Commonwealth Court of Pennsylvania · 1976
  5. Marshall Township Board of Supervisors v. Marshall Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1998

3Cited by5 opinions

  1. In Re Appeal of JonesCommonwealth Court of Pennsylvania · 2011
  2. D.L. Smith v. Ivy League Real Estate, LLCCommonwealth Court of Pennsylvania · 2024
  3. Hummelstown Swim Club v. Borough of HummelstownCommonwealth Court of Pennsylvania · 2017
  4. Northeast Pennsylvania SMSA Ltd. Partnership v. Scott Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2011
  5. Ruckert v. Wayne Township, Pennsylvania Court of Common Pleas, Lawrence County2013

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