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BOSS et ux. v. Z. H. B., BORO. of BETHEL PARK

No. 1576 C.D. 1983.

93 Pa.Commw. 374 (1985)

Robert C. Boss and Marcella M. Boss, his wife, Appellants v. Zoning Hearing Board of the Borough of Bethel Park, Appellee.

Commonwealth Court of Pennsylvania.

December 9, 1985.

Attorney(s) appearing for the Case

Nathaniel B. Smith, with him, John Daley, Brennan, Robins & Daley, for appellants.

Victor R. Delle Donne, with him, Joel P. Aaronson, Baskin and Sears, P. C., for intervening appellee, Municipality of Bethel Park.

Argued October 8, 1985, before President Judge CRUMLISH, JR. and Judge COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, December 9, 1985:

Appellants are the owners of a dwelling located in an R-3 district on Highland Road, in an area zoned for one-family dwellings. Townhouses are not permitted in the R-3 district but are permitted in the R-T Townhouse Dwelling district.

Appellants contested the validity of the Zoning Ordinance and also requested a rezoning of their property from R-3, which...

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