BOWSER ET UX. v. PENN TWP. BD. OF ADJ., APLNT.

No. 1899 C.D. 1975.

25 Pa.Commw. 480 (1976)

Clarence Bowser and Lillian Bowser, His Wife v. Penn Township Board of Adjustment, a/k/a Penn Township Zoning Hearing Board, Appellant.

Commonwealth Court of Pennsylvania.

July 23, 1976.


Attorney(s) appearing for the Case

Lee A. Montgomery, with him Galbreath, Braham, Gregg, Kirkpatrick, Jaffe & Montgomery, for appellant.

John J. Morgan, for appellees.

Argued May 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY JUDGE ROGERS, July 23, 1976:

This is an appeal from the order of the lower court reversing the Penn Township Board of Adjustment's denial of the issuance of a building permit to Clarence and Lillian Bowser.1

The Bowsers own a parcel of land in Penn Township, Butler County, located in a commercial zoning district, which is improved with a single-family residence...

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