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TWP. OF KELLY v. Z. H. B. OF KELLY TWP. ET AL.

No. 740 C.D. 1977.

36 Pa.Commw. 509 (1978)

Township of Kelly v. The Zoning Hearing Board of Kelly Township and Richard L. Poeth and Anna E. Poeth, his wife. Richard L. Poeth and Anna E. Poeth, his wife, Appellants.

Commonwealth Court of Pennsylvania.

July 11, 1978.

Attorney(s) appearing for the Case

Peter L. Matson, with him Matson, Brann and Bromfield, for appellants.

H. William Koch, with him Windsor and Koch, for appellee.

Argued June 8, 1978, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 11, 1978:

This is an appeal from a decision of the Court of Common Pleas of Union County which denied the issuance of a building permit to the intervenors-appellants that would have allowed them to erect a large hydraulic shears machine for use in their junkyard business. We affirm.

Appellants purchased land in Kelly Township, Union County, in 1962. At the time of this purchase the land was used for agricultural purposes...

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