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BLANK v. BOARD ADJUSTMENT. (11/11/57)

November 11, 1957

BLANK, APPELLANTS,
v.
BOARD OF ADJUSTMENT.



Appeal, No. 218 March T., 1957, from order of County Court of Allegheny County, at No. A 1595 of 1956, in case of Francis Blank et al. v. Board of Adjustment of Borough of West Mifflin. Order affirmed; reargument refused December 20, 1957.

COUNSEL

Harvey E. Schauffler, Jr., for appellants.

M. E. Evashwick, with him R. R. McWhinney and Parker, Evashwick & Brieger, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Chidsey

[ 390 Pa. Page 637]

OPINION BY MR. JUSTICE CHIDSEY

This appeal is from the dismissal by the County Court of Allegheny County of an appeal from the Zoning Board of Adjustment of the Borough of West Mifflin, because it was lodged with the County Court beyond the statutory thirty-day period from the decision of the board, prescribed by the Act of May 4, 1927, P.L. 519, as added to by the Act of July 10, 1947, P.L. 1621, § 93, 53 PS § 48307.

On April 17, 1956, Richard A. Oakley appeared before the West Mifflin Borough Planning Commission and Board of Adjustment. The board minutes record it thus: "Richard A. Oakley, 4226 Bristol Street, Pittsburgh

[ 390 Pa. Page 6387]

, inquired about rezoning of four acres which he purchased and on which he wishes to place a short range golf course, near Pleasant Hills Blvd. and Lebanon Church Road. He stated he would have access from Orchard Drive and Wolfe Drive, planned to erect a small tool house, and admission would be charged. The Commission will check the location."

At a special meeting of the board, held on June 13, 1956, Mr. Oakley asked for a decision on his short range golf course. At that time, the minutes record: "... It was moved by Chizmar, seconded by Novack, that an exception to the zoning ordinance be granted to Richard A. Oakley for short range golf course upon completion of proper forms and signature of authorized persons. Roll call vote: Chizmar - aye; Novack - aye; Greenhalgh - aye. Motion passed. ..."

On June 28, 1956, an order, duly signed by the chairman of the board and attested by the secretary, issued from the board noting: "Exception granted." On July 19, 1956, a deed was executed whereby Oakley purchased additional land needed for the golf course at a price of $4,500, and proceeded to grade and prepare the property, expending a total of about $8,000.

At the board meeting of August 21, 1956, several of the appellants who reside near the proposed course, voiced objection to the permission granted by the board to build the short range golf course. The chairman replied that it had been permitted by a variance granted by the board. One of the board members pointed out that "... when the borough was zoned all vacant property was put in Residential A zoning, the highest classification, with the understanding it ...


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