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SEIDITA v. BOARD OF ZONING APPEALS

No. 1652 C.D. 1977.

41 Pa.Commw. 340 (1979)

Christoforo A. Seidita v. Board of Zoning Appeals of the City of Scranton. James Douglass, Appellant.

Commonwealth Court of Pennsylvania.

March 21, 1979.

Attorney(s) appearing for the Case

Joseph P. Kane, for appellant.

Sidney Z. Levy, with him Levy, Scott, Weinberger & Hart, for appellee.

Argued September 28, 1978, before Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 21, 1979:

Christoforo A. Seidita applied to the Zoning Board of the City of Scranton (Board) for a special exception to use certain premises as a day care center for young children. The Board denied Seidita's application. Seidita appealed to the Court of Common Pleas of Lackawanna County, which, without taking further testimony, held that the Board's denial of the special exception constituted "an indefensible abuse of discretion and...

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