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JOHN P. MARINO v. ZONING HEARING BOARD HARRISON TOWNSHIP (01/22/71)

decided: January 22, 1971.

JOHN P. MARINO
v.
ZONING HEARING BOARD OF HARRISON TOWNSHIP



Appeal from the order of the Court of Common Pleas of Allegheny County, Civil Division, No. SA-459, 1969, in case of John P. Marino v. Zoning Board of Harrison Township. Appeal transferred September 14, 1970, to the Commonwealth Court of Pennsylvania by the Supreme Court of Pennsylvania.

COUNSEL

Robert L. Frantz, with him George L. Cass, and Buchanan, Ingersoll, Rodewald, Kyle and Buerger, for appellant.

David McNeil Olds, with him, Eric P. Reif, Reed, Smith, Shaw and McClay, and W. Louis Coppersmith and Margolis and Coppersmith, for appellee.

President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Barbieri. Opinion by Judge Kramer.

Author: Kramer

[ 1 Pa. Commw. Page 118]

This is an appeal from an Order of the Common Pleas Court of Allegheny County, approving the issuance of a building permit pursuant to two zoning ordinances establishing a Shopping Center District use classification.

The building permit was applied for by "Gee Bee Department and Furniture Store" owned by Glosser Bros., Inc., which had agreed to purchase certain realty in Harrison Township owned by News Printing Co.,*fn1 upon the condition that the zoning classification of the realty (forming the subject matter of this case) would permit the building of a shopping center.

During the spring of 1968, the owner of this realty and representatives of Glosser Bros., Inc., made a request to the Board of Commissioners of Harrison Township for a rezoning of the realty from "Commercial, Light Industrial and Residential" to a classification permitting the construction of a shopping center by Grosser Bros. Because the Planning Commission and the township's professional planning consultant recommended that request be refused until the township could invoke strict controls over the development and operation of shopping centers in the township, the Board of Commissioners took no action on the initial

[ 1 Pa. Commw. Page 119]

    request and embarked upon a plan to amend the Master Zoning Ordinance to provide for the detailed controls recommended.

On August 15, 1968, the Commissioners enacted Ordinance No. 1337, which in effect amended the Master Zoning Ordinance, thereby creating a new zoning use district known as a "Shopping Center District". Although Ordinance No. 1337 does set forth a detailed list of requirements and conditions for the establishment of a shopping center district, the ordinance does not set forth any specific area of the township for the establishment of such a zoning classification.

Following the enactment of Ordinance No. 1337, the News Printing Company applied for the rezoning of its tract of land to the new "Shopping Center District" classification.

After proper notice and public hearing, the Board of Commissioners on December 19, 1968, adopted Ordinance No. 1348, which in effect rezoned this tract of land to the "Shopping Center District" use classification as provided for in Ordinance No. 1337. On January 2, 1969, the building permit was issued to Glosser Bros. for the construction of the proposed shopping center, which brought about this appeal.

On January 18, 1969, John P. Marino,*fn2 the appellant here, filed an appeal to the Zoning Hearing Board of Harrison Township, and a hearing was held on that appeal, after which, on April 22, 1969, the Zoning Hearing Board issued a ruling that the ordinances were valid and that the building permit had been validly issued. On May 2, 1969, the appellant filed his appeal in ...


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