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HANNA v. BOARD ADJUSTMENT. (07/31/62)

July 31, 1962

HANNA
v.
BOARD OF ADJUSTMENT.



Appeal, No. 51, March T., 1962, from order of County Court of Allegheny County, No. A-2296 of 1960, in re appeal of John Hanna and Florence M. Hanna, his wife, v. Board of Adjustment of Borough of Forest Hills. Order reversed.

COUNSEL

Warren S. Reding, with him Reding, Blackstone & Sell, for appellant.

Walter M. Newman, with him Ryan, Newman, Geer & Goldring, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Jones

[ 408 Pa. Page 307]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

This is an appeal from an order of the County Court of Allegheny County which reversed an order of the Board of Adjustment [Board] of the Borough of Forest Hills [Borough] affirming the refusal of a permit for the erection of a gasoline service station.

John Hanna and Florence M. Hanna, his wife, [Hannas] in 1954 purchased a lot, improved with a frame dwelling house and a detached frame garage, located at the southeastern corner of Filmore Road and Greensburg Pike in Forest Hills Borough. At that time this lot was in a zoning district classified under the Borough zoning ordinance as "Z-1 Commercial" and from that time until February 10, 1958 Hannas occupied the frame dwelling as a residence. On February

[ 408 Pa. Page 30810]

, 1958, Hannas began a used car business on their land maintaining a business office for that purpose in part of the frame dwelling. On or about March 1, 1958 the used car sales office was moved from the frame dwelling to the garage and on or about March 1, 1959 Hannas leased the dwelling house as a residence but continued to use the garage and lot for the used car business.

On February 12, 1958, the Borough amended its zoning ordinance and changed the zone classification in the district wherein Hannas' property was located from Z-1 Commercial to Z-2 Class A Residential. On October 23, 1958, Hannas were arrested and charged with a violation of the zoning ordinance for maintaining an office and for engaging in the used car business in the newly classified district but this charge was dismissed by the Burgess of the Borough on the ground that the Borough had failed to establish that Hannas had begun the used car business subsequent to February 12, 1958, the date upon which the ordinance was amended. From February 10, 1958 until the time of the present appeal Hannas have continued to conduct a used car sales business upon the premises.

On January 12, 1960, Hannas gave an option to Socony-Mobil Oil Company [Socony] to purchase the property for use as a gasoline service station and on August 4, 1960 Socony exercised its option. On August 29, 1960, Hannas and Socony appealed to the Borough building committee for a permit to build and conduct a gasoline service station on the premises. The plans for the proposed construction provided for the demolition of both the present frame dwelling and ...


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