Shelley v. Zoning Hearing Board

Opinion by

Judge Craig,

In this zoning appeal, a group of protesting neighbors appeals the order of the Court of Common Pleas of Cumberland County which, in substantially affirm*155ing the decision of the Carlisle Zoning Hearing Board, held that owner Constance B. Ruby conld rebuild the Walnut Bottom Tavern which had been partially destroyed by fire.

Under the Carlisle Zoning Ordinance, the tavern was a nonconforming use in an R-2 Residential District. After the fire, the township refused the owner’s request for a building permit to rebuild the tavern, citing Section 901.1 of the Zoning Ordinance,1…