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UPPER PROVIDENCE TOWNSHIP APPEAL. (03/17/64)

March 17, 1964

UPPER PROVIDENCE TOWNSHIP APPEAL.


Appeal, No. 60, Jan. T., 1964, from order of Court of Common Pleas of Montgomery County, No. 62-7462, in re appeal of Indianhead, Inc. from decision of Upper Providence Township Zoning Board of Adjustment. Order modified and affirmed.

COUNSEL

William L. Huganir, for appellants.

David O. Williams, with him Landis, Tracy & Williams, for appellee.

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

Author: Roberts

[ 414 Pa. Page 47]

OPINION BY MR. JUSTICE ROBERTS

The factual setting of the instant case is well summarized in the opinion of the lower court, from which

[ 414 Pa. Page 48]

    we quote the following excerpts: "This matter is before the Court en banc ... upon the Appeal of Indianhead, Inc. from the decision of the Upper Providence Township Zoning Board of Adjustment refusing Indianhead's application to resume a previous nonconforming use on the latter's property.

"The property in question covers an area of approximately fourteen acres and is located in that area of Upper Providence Township which is known as Indianhead Park. It fronts on Perkiomen Creek and includes three dwelling houses, a barn, a garage, two pavilions, a mill building and shed. From approximately 1948 until Labor Day of 1959, one Donald VanBilliard, occupied and used the premises as an 'amusement park-carnival'. In addition to amusement rides in the park, VanBilliard maintained facilities for boating, swimming, fishing, shooting gallery, baseball, areas for parking, picnics, as well as skating in the winter. All of these activities were open to the public. There were also signs on the property designating areas such as 'boating area', 'swim area', 'picnic area', 'parking' and others. The number of people present at the park on any one day varied from a maximum of fifteen hundred to none at all.

"The Philadelphia National Bank held a mortgage on the property during this period which at various times from July of 1957 to July of 1959 was in default. In July of 1959, the Bank instructed its attorney to institute foreclosure proceedings on the property. Pursuant to these instructions, judgment was entered on the bond and warrant of the mortgage and VanBilliard was at that time given notice of the proceedings.

"On the day after Labor Day of that year (September 8, 1959) after removing all of his mobile equipment the night before, VanBilliard placed on the property a sign stating ...


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