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SCOTT ET AL. v. FOX ET AL.

No. 1280 C.D. 1976.

36 Pa.Commw. 88 (1978)

Jerome Scott and Margaret Scott, Appellants v. John F. Fox and Margaret H. Fox et al., Appellees.

Commonwealth Court of Pennsylvania.

June 15, 1978.

Attorney(s) appearing for the Case

Patricia Hedley Jenkins, with her Matthew J. Ryan, for appellants.

Robert E. Slota, with him Brian S. Quinn, and Murphy & Slota, for appellees.

Argued October 6, 1977, before Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of two. Reargued April 4, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., June 15, 1978:

The issue before the Court in this case is the propriety of a Zoning Hearing Board's grant of a variance when the application before it was for a special exception and when the variance was to build on an abutting, undersized lot. The trial court affirmed the decision of the Zoning Hearing Board with an able opinion by Judge McGOVERN, JR., which opinion is reported at 63 Del. 401 (1976). We affirm and adopt the opinion...

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