Borger v. Towamensing Township Zoning Board of Adjustment

Opinion by

Judge DiSalle,

This case involves two appeals from an order of the Court of Common Pleas of Carbon County which reversed the Towamensing Township Zoning Board of Adjustment’s (Board) denial of a special exception to Glenn A. Borger and Ruth L. Borger (Applicants) and which directed the Board to issue the necessary permit. In reaching this conclusion, the court below found that the Board had committed an error of law and had abused its discretion by misapplying the appropriate burden of proof. The court reasoned that had the Board grasped the conceptual distinction between a special…