BEAVER V. B. S., INC. v. Z.H.B., BELL ACRES B.

No. 302 C.D. 1984.

97 Pa.Commw. 133 (1986)

509 A.2d 1329

Beaver Valley Builders Supply, Inc. v. The Zoning Hearing Board of Bell Acres Borough. The Zoning Hearing Board of Bell Acres Borough and The Borough of Bell Acres, Appellants.

Commonwealth Court of Pennsylvania.

May 8, 1986.


Attorney(s) appearing for the Case

Carl M. Kerchner, for appellants.

A. Bruce Bowden, with him, Laura Ellsworth Mead, Buchanan Ingersoll Professional Corporation, for appellee.

Argued March 10, 1986, before President Judge CRUMLISH, JR., and Judges ROGERS and BARRY, sitting as a panel of three.


OPINION BY JUDGE ROGERS, May 8, 1986:

This is the appeal of the Borough of Bell Acres (borough) and the Zoning Hearing Board of Bell Acres (board) from an order of the Court of Common Pleas of Allegheny County discharging a rule to show cause why Beaver Valley Builders Supply, Inc. (Beaver Valley) should not be held in contempt of court.

In February 1981, Beaver Valley, the owner of 72.5 acres of then undeveloped land in the borough located in an R-1 Residential...

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