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COOK ET AL. v. MARPLE TWP. Z. H. B. ET AL.

No. 2398 C.D. 1979.

55 Pa.Commw. 535 (1980)

Julia B. Cook, Carl H. Huber and Mabel Huber, His Wife, Michael R. Bradley and Joan P. Bradley, His Wife, Appellants v. Marple Township Zoning Hearing Board and Hardie Beloff, Appellees.

Commonwealth Court of Pennsylvania.

December 22, 1980.

Attorney(s) appearing for the Case

Michael R. Bradley, for appellants.

No appearance for appellees.

Argued October 9, 1980, before Judges MacPHAIL, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 22, 1980:

This is an appeal from an Order of the Court of Common Pleas of Delaware County, affirming the granting of a special exception by the Marple Township Zoning Hearing Board (Board) to the applicant to construct and operate a private racquetball club in an R-1 Residential District. It is undisputed that the club will be a profit oriented venture with a limited membership subject to certain conditions set out by the Board...

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