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JEHOVAH'S WITNESSES APPEAL. (03/20/57)

March 20, 1957

JEHOVAH'S WITNESSES APPEAL.


Appeal, No. 125, April T., 1956, from order of County Court of Allegheny County, 1955, No. A876, in re appeal of trustees of the congregation of Jehovah's Witnesses, Bethel unit, from the decision of the board of adjustment of the Borough of Bethel, Allegheny County, Pennsylvania. Order affirmed.

COUNSEL

Michael Hahalyak, for appellant.

David W. Craig, with him Owen B. McManus, Jr., Moorhead & Knox, and Brandt, Riester, Brandt & Malone, for appellee.

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

Author: Ervin

[ 183 Pa. Super. Page 221]

OPINION BY ERVIN, J.

This case is here on a writ of certiorari directed to the Allegheny County Court. That court affirmed a decision of a board of adjustment in which the grant of a variance from the provisions of a borough zoning ordinance was refused.

The R-1 residential district, in which appellants' property is located, expressly permits the following: "Uses - One-family dwelling; Church; Public or Parochial School (certified by State Board of Education). ..." It provides: "(8) Off-Street Parking - Church, school, auditorium, stadium, and similar places of assembly, one car space (300 sq. ft.) for every 5 seats or fraction thereof.

"(9) None of the uses listed in Item 8 above shall be permitted within 1/4 mile of each other."

The Board of Adjustment and the lower court found, on adequate evidence, that the appellants' proposal violates the 1/4 mile requirement in that the proposed location is 877 feet from the nearest place of assembly and that it violates the off-street parking requirements in that 17 parking spaces are required under the ordinance and only 13 spaces will be provided.

Our review is as on certiorari in its broadest sense and we examine the record to see whether there is evidence to sustain the court's findings and whether the proceeding is free from a violation of law and any manifest

[ 183 Pa. Super. Page 222]

    abuse of discretion. This is so whether or not testimony on the issue was taken in the court below. The scope of our inquiry is determined by the breadth of the certiorari issued by this Court and not by the power exercised by the court below, Landau Advertising Co., Inc. v. Zoning Board of ...


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