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REICH ET UX. v. READING (12/08/71)

decided: December 8, 1971.

REICH ET UX.
v.
READING



Appeal from the Order of the Court of Common Pleas of Berks County, in case of City of Reading, by David E. Solinger, Zoning Administrator v. Harry W. Reich and Anna E. Reich, his wife, No. 3517 Equity Docket 1970.

COUNSEL

Paul T. Essig, Sr., with him Carl F. Mogel and Balmer, Mogel, Speidel & Roland, for appellants.

Peter F. Cianci, First Assistant City Solicitor, with him David J. Batdorf, City Solicitor, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Judge Manderino dissents.

Author: Per Curiam

[ 3 Pa. Commw. Page 512]

This appeal is from an order and final decree of the Court of Common Pleas of Berks County dismissing exceptions to an adjudication by the Chancellor, Eshelman, J., restraining and enjoining the defendants, or anyone acting in their behalf, from maintaining and operating at premises 161 Clymer Street, Reading, Pennsylvania, an insurance office and office for the preparation of income tax returns or any allied

[ 3 Pa. Commw. Page 513]

    form of activity, or allowing the premises to be used for such purposes.

After reviewing the record and researching the matter, we adopt the well-reasoned adjudication of Judge W. Richard Eshelman,*fn1 following:

The City of Reading, plaintiff, filed a complaint requesting that Harry W. Reich and Anna E. Reich, his wife, defendants, be restrained from using their premises, 161 Clymer Street, Reading, Pennsylvania, for conducting an insurance business in violation of the City of Reading Zoning Ordinance. An answer was filed and a hearing was held.

The issues are (1) whether defendants were obliged to obtain a permit to change the use of a portion of the premises from residential to that of an insurance office, and (2) whether such insurance office comes within the definition of "Professional Offices" as one of the permitted principal uses in a Residential Multiple-Family Zoning District.

The facts are that defendants are owners of premises 161 Clymer Street, Reading, Berks County, Pennsylvania, having ...


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