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KUHL ET UX. v. Z. H. B. OF GREENE TWP. ET AL.

No. 2348 C.D. 1979.

52 Pa.Commw. 249 (1980)

Walter Kuhl and Margaret Kuhl, his wife v. The Zoning Hearing Board of Greene Township and G.W. Trichel and Donald Rosthauser, Appellees.

Commonwealth Court of Pennsylvania.

June 19, 1980.

Attorney(s) appearing for the Case

Thomas E. Doyle, for appellants.

R. Perrin Baker, for appellees.

William T. Jorden, for intervenors, Green Township Board of Supervisors.

Argued May 9, 1980, before Judges WILKINSON, JR., CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 19, 1980:

Walter and Margaret Kuhl (owners) appeal from an order of the Court of Common Pleas of Erie County which affirmed an adjudication of the Greene Township Zoning Board of Appeals (board) denying use of owners' property as a bank gravel surface mining operation on the ground that its legal non-conforming use status had been abandoned.

The owners, by deed dated October 22, 1978, acquired their 131-acre tract from a partnership...

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