Gilbert v. Montgomery Township Zoning Hearing Board

Opinion by

Judge Craig,

This is an appeal by Montgomery Township from the order of the Court of Common Pleas of Montgomery County which reversed the Montgomery Township Zoning Hearing Board’s denial of applicant Blair Gilbert’s request for a special exception.

Applicant sought a special exception permitting storage of tires in two truck trailers on his commercially zoned lot. After a hearing, in which the township did not participate, the board denied the special exception and applicant appealed to the common pleas court; the township did not appear or intervene in that appeal. Without taking…