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TAGED INC. v. Z. BD. of ADJ. of MONROEVILLE

2 Pa.Commw. 52 (1971)

Taged Incorporated, a Corporation and Thomas G. Zaimes, an Individual v. The Zoning Board of Adjustment of the Borough of Monroeville.

Commonwealth Court of Pennsylvania.

May 6, 1971.

Attorney(s) appearing for the Case

Leonard M. Mendelson, for appellant.

Richard L. Rosenzweig, with him Rosenzweig & Rosenzweig, for appellee.

Jerome M. Meyers, with him Meyers & Keyser, for intervening appellee.

Argued December 15, 1970, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).

OPINION PER CURIAM, May 6, 1971:

The appeal in this zoning case requires us to decide whether or not a landlocked drive-in theatre operator may be denied the right to have his patrons use an access road, created by perpetual easement for ingress and regress. The lower court, after taking testimony, ruled against the drive-in theatre operator, affirming the decision of the Zoning Board. For the reasons that will appear, we reverse.

Appellants are Taged Incorporated...

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