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LYCOMING BURIAL VAULT CO., INC. v. Z. H. BD.

No. 2368 C.D. 1977.

41 Pa.Commw. 294 (1979)

Lycoming Burial Vault Co., Inc., Appellant v. The Zoning Hearing Board of the Borough of Montoursville, Appellee.

Commonwealth Court of Pennsylvania.

March 16, 1979.

Attorney(s) appearing for the Case

William S. Kieser, with him Kieser & Gahr, for appellant.

Michael H. Collins, with him McNerney, Page, Vanderlin & Hall, for appellee, Montoursville Zoning Hearing Board.

Elliot Newman, with him McCormick, Lynn, Reeder, Nichols & Sarno, for appellee, Irvin C. Siegel.

Argued February 9, 1979, before Judges ROGERS, BLATT and DiSALLE, sitting as an panel of three.

OPINION BY JUDGE ROGERS, March 16, 1979:

Lycoming Burial Vault Co., Inc. (Lycoming), the appellant in this zoning case, has its place of business in an R-2 Zoning District under the Montoursville Borough Zoning Ordinace. The R-2 zoning district is a residential district and Lycoming has operated its business as a valid nonconforming use. On October 9, 1975 Lycoming applied for a zoning and building permit for the use of a vacant lot adjacent to its main building for...

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