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DIVELY v. OHIO TOWNSHIP. (07/17/56)

July 17, 1956

DIVELY, APPELLANT,
v.
OHIO TOWNSHIP.



Appeal, No. 106, April T., 1956, from judgments of County Court of Allegheny County, 1955, No. A 732, in case of Martin N. Dively v. Board of Supervisors, Township of Ohio. Judgments affirmed.

COUNSEL

Gilbert E. Morcroft, for appellant.

Thomas P. Geer, Solicitor for Ohio Township, with him Ryan, Geer & Bowser, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Woodside

[ 182 Pa. Super. Page 4]

OPINION BY WOODSIDE, J.

The question here is whether the County Court of Allegheny County had jurisdiction of the appeal taken to it in this matter. We agree with its conclusion that it did not. The facts alleged in the petition to the county court for the allowance of an appeal to it from the board of supervisors of a second class township show the lack of jurisdiction.

The petition of Martin L. Dively, the appellant here, alleges that he held title to property in Ohio Township, Allegheny County in 1949 when the township had neither a building code nor a zoning ordinance. Prior to April 15, 1950 he erected on his land a building which, with the facilities therein, was designed

[ 182 Pa. Super. Page 5]

    and intended to be used as part of a trailer camp. A septic tank was installed and connected to the proper underground sewers.

By a zoning ordinance adopted September 19, 1950 Dively's property was zoned farm and woodland district. The township adopted a plumbing ordinance known as Ordinance No. 5 on August 7, 1950.

On June 2, 1951 petitioner applied to the Department of Public Health, Division of Plumbing and House Drainage of the township for permission to put certain commodes, laundry tubs and wash sinks in the aforesaid building, which permit was issued and the installations and connections of the said equipment were completed.

Subsequently Dively applied for permission to install a sanitary sewer around the outside of the building to connect the above mentioned equipment and the said septic tank. No action was taken on this petition until March 9, 1955 when the township plumbing inspector refused it. Two days later the petitioner appealed the inspector's decision to the ...


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