Appeal of Foltz

Opinion by

Judge Crumlish, Jr.,

For a third time in the history of this complex litigation, this Court is visited with the opportunity to review a facet of landowner James J. Foltz, Jr.’s application for building permits to construct a shopping center in the Borough of Monroeville. In the two previous decisions1 *564in this case, we exposed the facts underlying these appeals, but due to the complexity, we reluctantly review the relevant mile posts.

On October 8, 1970, Foltz appealed to the Zoning Hearing Board of the Borough of Monroeville (Board) when he was denied an application for building…