Legal Opinion

Sell v. Douglas Township Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided July 29, 1992No. 2321 C.D. 1991PublishedCited by 6 opinions

1Opinion of the Court

PELLEGRINI, Judge.

Timothy and Donna Holstein (Property Owners) appeal from a decision of the Court of Common Pleas of Montgomery County (trial court) reversing a decision of the Douglas Township Zoning Hearing Board (Board) that granted use variances to operate a milk hauling business on their property.

The Property Owners reside on a 1.9 acre lot (property) in an R-l residential-agricultural district. They have been operating a milk hauling business, including the parking of tractor trailers, on the property since 1982. While inspecting the property due to Property Owners’ application for a…

2Cases cited3 opinions

  1. Bannard v. New York State Natural Gras Corp.Supreme Court of Pennsylvania · 1961
  2. In re Appeal of the Municipality of Penn HillsSupreme Court of Pennsylvania · 1988
  3. Stair v. CommonwealthCommonwealth Court of Pennsylvania · 1977

3Cited by6 opinions

  1. Leckey v. Lower Southampton Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2004
  2. Citizens Coal Council v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2014
  3. Viechec v. Zoning Hearing Board of Hazle TownshipCommonwealth Court of Pennsylvania · 1996
  4. Northeast Pennsylvania SMSA Ltd. Partnership v. Scott Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2011
  5. Rabenold v. Zoning Hearing Board, Pennsylvania Court of Common Pleas, Carbon County1996

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