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SURRICK v. UPPER PROVIDENCE TWP. Z. H. B.

No. 397 C.D. 1973.

11 Pa.Commw. 607 (1974)

Robert B. Surrick, Appellant, v. Zoning Hearing Board of the Township of Upper Providence, Appellee, and Citizens on Zoning, Intervening Appellees.

Commonwealth Court of Pennsylvania.

January 16, 1974.

Attorney(s) appearing for the Case

Harry F. Dunn, Jr., with him Class, Saulnier, Dunn and Abel, and, of counsel, Jan Z. Krasnowiecki, for appellant.

John P. Trevaskis, Jr., with him Trevaskis, Doyle, Currie, Nolan and Bunting, for appellee.

John W. Nilon, Jr., with him Kassab, Cherry and Archbold, for intervenors.

Argued October 4, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, January 16, 1974:

Robert B. Surrick is the equitable owner of 12.25 acres of vacant ground in Upper Providence Township (Township), Delaware County, and the legal owner (with his wife) of an adjacent 10.5 acres.

On March 10, 1972, Surrick sought a building permit to erect 187 apartment units1 on the 12.25 acres and 4 of the adjacent acres, making the subject tract

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