Legal Opinion

Wengert v. Zoning Hearing Board of Upper Merion Township

Commonwealth Court of Pennsylvania

Decided April 29, 1980No. Appeal, No. 147 C.D. 1979PublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Judge Wilkinson, Jr.,

This zoning appeal involves the question of whether a foster home for troubled adolescents who are referred by the courts, limited to six foster children,1 attended by two foster parents and one or more assistants, can qualify as a permitted use in a R-2 residential district as a single family residential use. The zoning ordinance defines single family detached dwelling, family and dwelling as follows:

Dwelling, Single-Family Detached — A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an…

2Cases cited1 opinion

  1. Pennsylvania George Junior Republic v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1978

3Cited by10 opinions

  1. Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Bd.Supreme Court of Pennsylvania · 2019
  2. In Re Appeal of MillerSupreme Court of Pennsylvania · 1986
  3. Children's Home v. City of EastonCommonwealth Court of Pennsylvania · 1980
  4. Civitans Care, Inc. v. Board of AdjustmentCourt of Civil Appeals of Alabama · 1983
  5. JALC Real Estate Corp. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1987

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