Ruby v. Carlisle Zoning Hearing Board

Opinion by

Judge Rogers,

This is the appeal of William Shelley and other protesting neighbors (Shelley) of Walnut Bottom Tavern, a fire-damaged, lawful nonconforming bar and restaurant, from an order of the Court of Common Pleas of Cumberland County modifying, and affirming as modified, an order of the Carlisle Zoning Hearing Board permitting Constance Ruby, the tavern’s owner, to repair and use her property as before.1 Mrs. Ruby has intervened in this appeal.2

The Walnut Bottom Tavern was a nonconforming use in the R-2 Residential District in which it was located. After the tavern was partially…