Legal Opinion

Marchese v. Norristown Borough Zoning Board of Adjustment

Commonwealth Court of Pennsylvania

Decided May 10, 1971PublishedCited by 34 opinions

1Opinion of the Court

Opinion by

Judge Mencer,

A nuisance may be merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard.1 Legally speaking, no nuisance is involved here; instead, this is an appeal from an Order of the Court of Common Pleas of Montgomery County affirming the Norris-*87town Zoning Boai*d of Adjustment and bolding Joseph Márchese, the owner-appellant, had lost his right as a nonconforming user by reason of abandonment. Plainly speaking, the objectionable creature here is a one-story garage, forty-five feet by sixty feet, used for the storage and minor maintenance of…

2Cases cited26 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Bilbar Construction Co. v. Easttown Township Board of AdjustmentSupreme Court of Pennsylvania · 1958
  3. Lord AppealSupreme Court of Pennsylvania · 1951
  4. Haller Baking Company's AppealSupreme Court of Pennsylvania · 1928
  5. Best v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1958

21 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Van Sant v. City of EverettCourt of Appeals of Washington · 1993
  2. Jacobs v. Mishawaka Board of Zoning AppealsIndiana Court of Appeals · 1979
  3. Smith v. Board of Zoning AppealsCommonwealth Court of Pennsylvania · 1983
  4. Dandy Co. v. Civil City of South BendIndiana Court of Appeals · 1980
  5. Greater Greensburg Sewage Authority v. Hempfield TownshipCommonwealth Court of Pennsylvania · 1972

29 more not listed; retrieve them via the Exa API.

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