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APPEAL OF E & G AUTO PARTS

Nos. 816 C.D. 1975 and 1313 C.D. 1974.

22 Pa.Commw. 171 (1975)

In Re: Appeal of E & G Auto Parts From Order of the St. Marys Borough Zoning Hearing Board. The Borough of St. Marys, Appellant. In Re: Appeal of E & G Auto Parts From Order of the St. Marys Borough Zoning Hearing Board. The Borough of St. Marys, Appellant.

Commonwealth Court of Pennsylvania.

December 4, 1975.

Attorney(s) appearing for the Case

Gordon J. Daghir, with him Houston & Daghir, for appellant.

Norbert J. Pontzer, with him Pontzer & Pontzer, for appellee.

Argued October 29, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, December 4, 1975:

To avoid the necessity for a long recital of the procedural steps that were taken in this relatively simple zoning appeal requiring three opinions of the court below, we will pose the controlling legal question as it was presented by appellant in its brief:

"Can a non-conforming use expand and extend onto adjoining land (1) that was not used for such non-conforming use at the time of the applicable zoning ordinance...

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