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CITY OF JOHNSTOWN v. VARNISH

130 Pa.Commw. 251 (1989)

567 A.2d 1115

CITY OF JOHNSTOWN, Appellant, v. James D. VARNISH, Appellee.

Commonwealth Court of Pennsylvania.

Decided December 21, 1989.

Attorney(s) appearing for the Case

Richard J. Green, Jr., Johnstown, for appellant.

W. Patrick James, Johnstown, for appellee.

Before CRUMLISH, Jr., President Judge, and COLINS, J., and BARBIERI, Senior Judge.

OPINION

CRUMLISH, Jr., President Judge.

The City of Johnstown (City) appeals a Cambria County Common Pleas Court order upholding James Varnish's appeal and reversing Johnstown City Council's (Council) decision denying his application for rezoning. We vacate the trial court's order.

In July 1988, Varnish purchased a vacant two-story brick building, formerly the Hudson Street Elementary School. Varnish purchased the property for use as a woodshop in...

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