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MUNICIPALITY OF PENN HILLS v. Z. H. B. ET AL.

No. 1949 C.D. 1980.

60 Pa.Commw. 286 (1981)

Municipality of Penn Hills v. Zoning Hearing Board of the Municipality of Penn Hills et al.Ferdinand Palumbo, Appellant.

Commonwealth Court of Pennsylvania.

July 1, 1981.

Attorney(s) appearing for the Case

Gary Kalmeyer, Kalmeyer and Kalmeyer, for appellant.

Henry G. Beamer, with him August C. Damian, for appellee.

Argued May 8, 1981, before Judges MENCER, CRAIG and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 1, 1981:

Applicant Ferdinand Palumbo sought to erect a 20' by 30' building, on his residentially zoned property in the Municipality of Penn Hills, to be used in the landscaping business he conducted from that property; he applied to the Penn Hills Zoning Hearing Board for a variance to permit that construction as an expansion of a nonconforming use.

At the hearings on that application, the evidence focused on the question of whether...

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