St. Vladimir's Ukrainian Orthodox Church v. Fun Bun, Inc.

Dissenting Opinion by

Judge Crumlish, Jr. :

I dissent. I would hold that by rezoning the subject premises from R-4 to C-2 this particular lot is the object of special treatment. This unjustified1 reclassification is invalid spot zoning.

In Schubach v. Zoning Board of Adjustment, 440 Pa. 249, 253, 270 A. 2d 397, 399 (1970), the Supreme Court of Pennsylvania said: “. . . Thus, singling out of one lot or a small area for different treatment from that accorded to similar surrounding land indistinguishable from it in character, for the economic benefit of the owner of that lot or to his economic…