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BOROUGH OF BALDWIN v. BENCH

No. 165 C.D. 1973.

11 Pa.Commw. 410 (1974)

Borough of Baldwin, Appellant, v. Jerome T. Bench, Appellee.

Commonwealth Court of Pennsylvania.

January 15, 1974.

Attorney(s) appearing for the Case

Francis A. Barry, with him John R. Luke, and Luke and Dempsey, for appellant.

James F. Malone, III, with him Brandt, McManus, Brandt & Malone, for appellee.

Argued November 9, 1973, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, January 15, 1974:

This is an appeal from a decision of the Court of Common Pleas of Allegheny County reversing the Zoning Board of Adjustment of the Borough of Baldwin (Board) and granting the application of Jerome T. Bench (Bench) for a variance.

In 1969, Bench acquired from his father a property known as 3460 Emma Jo Drive. Bench's father had planned and laid out fifteen lots...

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