Clemens v. Upper Gwynedd Township Zoning Hearing Board

Opinion by

Judge Kramer,

This is an appeal from an Opinion and Order of the Court of Common Pleas of Montgomery County, sitting en banc, in which the lower court vacated the granting of a special exception by the Zoning Hearing Board of Upper Gwynedd Township (Board) to Alvin H. Clemens, et al. (appellants). The court also ordered a new hearing on the merits before the Board.

The appellants own a tract of land at the intersection of Allentown and Valley Forge Roads in Upper Gwynedd Township. For that portion which is zoned Commercial, they made application for a special exception permit to…