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MARCHESE et al. v. NORRISTOWN B. ZON. B. of A.

2 Pa.Commw. 84 (1971)

Joseph Marchese and Samuel Monastero v. Norristown Borough Zoning Board of Adjustment.

Commonwealth Court of Pennsylvania.

May 10, 1971.

Attorney(s) appearing for the Case

Edward F. Kane, with him Bean, DeAngelis, Kaufman & Giangiulio, for appellants.

George C. Corson, Jr., with him Wright, Spencer, Manning & Sagendorph, for appellee.

George C. Corson, Jr., with him Frank X. Fornetta and Michael Alba for intervening appellee.

Argued February 11, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and ROGERS.

OPINION BY JUDGE MENCER, May 10, 1971:

A nuisance may be merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard.1 Legally speaking, no nuisance is involved here; instead, this is an appeal from an Order of the Court of Common Pleas of Montgomery County affirming the Norristown Zoning Board of Adjustment and holding Joseph Marchese, the owner...

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