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BURGOON et al. v. Z.H. BD. of CHARLESTOWN T.

2 Pa.Commw. 238 (1971)

Carroll F. Burgoon, M.D., and Jane S. Burgoon, M.D., His Wife, and Burgoon Antiques, Inc. v. Zoning Hearing Board of Charlestown Twp., Chester County.

Commonwealth Court of Pennsylvania.

May 26, 1971.

Attorney(s) appearing for the Case

Joseph F. Harvey, with him MacElree, Platt & Harvey, for appellants.

Leonard Sugerman, with him Sugerman, Massinger & Weiss, for appellee.

Argued February 9, 1971 before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO and MENCER. Judge ROGERS disqualified himself.

OPINION BY JUDGE CRUMLISH, JR., May 26, 1971:

Appellants sought to continue to utilize three tracts of land in Charlestown Township, Chester County, as an Equestrian Center with the stated purpose of: ". . . instructing pupils in the techniques of horsemanship,. . ."1 They applied to the Zoning Hearing Board of Charlestown Township for a special exception as an "educational use" and it found that the use was not "educational" and rejected...

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