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THOMASES, ET AL. v. MONROEVILLE Z. H. B.

No. 110 C.D. 1975.

22 Pa.Commw. 399 (1975)

Irwin Thomases, Frank Beshara, R. Stewart Scott and Walter A. Scott, Jr., d/b/a Center Associates and Catholic Institute of Pittsburgh, Pa. v. The Zoning Hearing Board of The Borough of Monroeville. Borough of Monroeville, Appellant.

Commonwealth Court of Pennsylvania.

December 18, 1975.

Attorney(s) appearing for the Case

John D. Finnegan, with him Martin and Finnegan, for appellant.

David W. Craig, with him Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellees.

Argued October 27, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, December 18, 1975:

This zoning case concerns an appeal by the Borough of Monroeville (Borough) from an order of the Court of Common Pleas of Allegheny County. The trial court, after taking additional evidence, granted appellants below, doing business as Center Associates (Center), a conditional use permit for the excavation of their land in order to construct a shopping center. Both the Borough and the Zoning Hearing Board of the Borough of...

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