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KRAISER v. Z. H. B. OF HORSHAM TWP.

No. 1617 C.D. 1978.

45 Pa.Commw. 277 (1979)

Emil Kraiser, Jr., Appellant v. Zoning Hearing Board of Horsham Township, Appellee.

Commonwealth Court of Pennsylvania.

August 30, 1979.

Attorney(s) appearing for the Case

Donald A. Semisch, with him Semisch & Grau, for appellant.

Paul D. North, for appellee.

Argued April 4, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges MENCER and DiSALLE did not participate.

OPINION BY JUDGE CRUMLISH, JR., August 30, 1979:

The Zoning Hearing Board of Horsham Township (Board) refused a variance to Emil Kraiser, Jr., for the construction of a duplex residential dwelling in an area zoned FP — Flood Plain Conservation District. The Montgomery County Court of Common Pleas affirmed and, because there is no error in evidence or law, we do likewise.

Kraiser purchased a property which at the time was zoned R-5 Residential and permitted...

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