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RITTNER ET AL. v. Z. H. B., BORO. OF LEMOYNE ET AL.

No. 1391 C.D. 1976.

31 Pa.Commw. 61 (1977)

William F. Rittner and Ernest E. Rittner, Appellants v. The Zoning Hearing Board of the Borough of Lemoyne and the Borough of Lemoyne, Appellees.

Commonwealth Court of Pennsylvania.

July 12, 1977.

Attorney(s) appearing for the Case

Jeffrey E. Piccola, with him Berman, Boswell, Snyder & Tintner, for appellants.

Horace A. Johnson, with him Myers, Myers, Flower & Johnson, for appellee.

Argued June 10, 1977, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 12, 1977:

This appeal arises from an order of the Court of Common Pleas of Cumberland County dismissing appellants' substantive challenge to the zoning ordinance of the Borough of Lemoyne for lack of jurisdiction. We affirm.

On July 29, 1975 appellants applied for a building permit to construct a Red Barn restaurant. The permit was denied on July 31 because under the zoning ordinance a restaurant is not a permissible use...

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