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APPEAL OF EMMANUEL BAPTIST CHURCH

No. 143 C.D. 1975.

26 Pa.Commw. 427 (1976)

In Re: Appeal of the Emmanuel Baptist Church from the Decision of the Zoning Hearing Board of North Cornwall Township in Refusing the Application of the Emmanuel Baptist Church for a Special Exception. North Cornwall Township, Appellant.

Commonwealth Court of Pennsylvania.

September 17, 1976.

Attorney(s) appearing for the Case

Robert C. Rowe, with him Calvin D. Spitler, and Spitler, Rowe & Kilgore, for appellant.

Robert W. Feeman, with him Egli, Reilly, Wolfson and Feeman, for appellee.

Argued September 11, 1975, before President Judge BOWMAN and Judges KRAMER and MENCER, sitting as a panel of three. Reargued June 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER and BLATT. Judges KRAMER and ROGERS did not participate in the reargument.

OPINION BY JUDGE BLATT, September 17, 1976:

In August of 1974 the Emmanuel Baptist Church (Church) applied to the Zoning Hearing Board (Board) of North Cornwall Township (Township) for a building permit to construct church facilities as a special exception on a 6 or 7 acre tract of land in a zoning district restricted to manufacturing uses. A hearing on the Church's request was held before the three members of the Board on August 29, 1974. Thereafter the Board denied...

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