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UPPER ST. CLAIR TOWNSHIP GRANGE ZONING CASE. (07/02/59)

July 2, 1959

UPPER ST. CLAIR TOWNSHIP GRANGE ZONING CASE.


Appeal, No. 58, March T., 1959, from order of County Court of Allegheny County, No. A-138 of 1958, in re appeal of Upper St. Clair Township Grange No. 2032 from the Board of Adjustment of the Township of Mount Lebanon. Order reversed. Proceedings on appeal by property owner from decision of township board of adjustment refusing to grant variance. Before BECK, J. Adjudication filed sustaining appeal and directing board to issue use certificate, and order entered. Township appealed.

COUNSEL

Milton W. Lamproplos, with him Frank L. Seamans, and Eckert, Seamans & Cherin, for appellant.

Harland I. Casteel, with him Campbell, Casteel & Thomas, for appellee.

William S. Livengood, Jr., and Livengood, Braucher & Stroup, for Pennsylvania State Grange, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Mcbride

[ 397 Pa. Page 68]

OPINION BY MR. JUSTICE MCBRIDE

We have for review an order of the County Court of Allegheny County reversing a decision of the Mount Lebanon Township Board of Adjustment, which refused to grant an occupancy certificate and building

[ 397 Pa. Page 69]

    permit to appellee, Upper St. Clair Township Grange No. 2032.

The Grange, in 1957, purchased from the Presbytery of Pittsburgh the premises located at 1331-1345 Cedar Boulevard in Mount Lebanon Township. The premises contained a one story frame church structure which for about 68 years had been occupied by the Beadling Presbyterian Church. Some time after the Grange had acquired the property it applied to the township for a building permit to erect an addition for two toilet rooms and for an occupancy certificate to use the building as a meeting place for the Grange.

The property is located in an R-2 residential district where, under the provisions of the township zoning ordinance,*fn1 ...


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