Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BUILDERS ENTERPRISES v. OHIO TOWNSHIP ZONING HEARING BOARD (12/29/71)

decided: December 29, 1971.

BUILDERS ENTERPRISES, INC., APPELLANT,
v.
OHIO TOWNSHIP ZONING HEARING BOARD



Appeal from order of Commonwealth Court, No. 984 of 1970, in case of Builders Enterprises, Inc. v. Zoning Hearing Board of Ohio Township; appeal of Builders Enterprises, Inc.

COUNSEL

Gilbert E. Morcroft, for appellant.

Michael J. Boyle, with him Meyer, Unkovic & Scott, for appellee.

Jones, Eagen, O'Brien, Pomeroy and Barbieri, JJ. Mr. Chief Justice Bell and Mr. Justice Roberts took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice O'Brien.

Author: Per Curiam

[ 446 Pa. Page 320]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Justice O'Brien:

Builders Enterprises, Inc., is the owner of some forty acres of land in Ohio Township. Its predecessor

[ 446 Pa. Page 321]

    in title had acquired the land prior to the enactment of any zoning ordinance in the township. At the time of acquisition, Builders Enterprises' predecessor in title commenced the operation of a trailer camp on a portion of the land. Thereafter, the township enacted a zoning ordinance, zoning a portion of the tract R-2 Residential and another portion R-4 Residential. At that point, however, the nonconforming use of the predecessor in title had been established.

When Builders Enterprises acquired the land, it sought to expand the prior nonconforming use over the remaining portion of the tract, and was refused permission to do so by the zoning hearing board. The Court of Common Pleas of Allegheny County reversed, and was in turn reversed by a divided Commonwealth Court. Twp. of Ohio v. Builders ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.