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Z. H. B., TWP. OF U. CHICHESTER v. PETROSKY

No. 1545 C.D. 1975.

26 Pa.Commw. 614 (1976)

Zoning Hearing Board of the Township of Upper Chichester, Delaware County, Pennsylvania v. Ronald Petrosky and Patricia Petrosky. Township of Upper Chichester, Delaware County, Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

October 21, 1976.

Attorney(s) appearing for the Case

Peter J. Nolan, with him Nelson J. Sack, for appellant.

Ronald J. Klimas, with him Eckell, Sparks, Vadino, Auerbach and Monte, for appellees.

Argued April 9, 1976, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 21, 1976:

This is an appeal by the Township of Upper Chichester (Township) from a decision and order of the Court of Common Pleas of Delaware County reversing an adjudication of the Township Zoning Hearing Board (Board) and thereby granting a variance from setback and boundary line requirements to Ronald and Patricia Petrosky.

On May 9, 1973, Ronald Petrosky requested appropriate permits from the Township so that he might erect...

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