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THORNBURY TOWNSHIP AND COPELAND v. JONES (07/07/72)

decided: July 7, 1972.

THORNBURY TOWNSHIP AND COPELAND, JR., ET AL., INTERVENORS,
v.
JONES



Appeal from the Order of the Court of Common Pleas of Chester County, in case of In Re: Appeal of Russell B. Jones from the Decision of the Zoning Board of Thornbury Township, No. 54 May Term, 1969.

COUNSEL

Sondra K. Slade, with her Crawford & Diamond, for appellant.

Thomas A. Riley, Jr., with him John S. Halsted and Lentz, Riley, Cantor, Kilgore & Massey, Ltd. and Gawthrop & Greenwood, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Blatt. Judge Rogers disqualified himself and did not participate. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 6 Pa. Commw. Page 70]

This appeal arises from a decision of the Court of Common Pleas of Chester County reversing the order of the Thornbury Township Zoning Hearing Board denying a special exception to place apartments in an Agricultural and Residential District of the Township. In addition, the appellee, the owner and developer of the tract in question, has filed a motion to quash the appeal for failure to comply with the rules of this Court. We will grant the motion to quash.

The tract in question is split zoned Business and Agricultural-Residential, with 11 acres zoned commercial and approximately 216 acres zoned residential. The appellee proposes to locate apartments on 16 acres zoned residential as well as the 11 zoned business. This

[ 6 Pa. Commw. Page 71]

    use would be permitted on the 11 acres but prohibited on the 16 residential acres.

Section 203 of the Thornbury Township zoning ordinance provides as follows: "Where a district boundary cuts through a piece of ground held in single and separate ownership at the effective date of this ordinance, the regulations prescribed for the less restricted district in which the said piece of ground is partly situated may be extended, as a special exception, into the more restricted district such distance as the Board of Adjustment may deem equitable and proper under the circumstances of the particular case." The appellee, relying upon this section, sought a special exception for his split zoned tract. After an extensive hearing,*fn1 the Zoning Hearing Board denied the request, holding that Section 203 did not apply to such a large extension of a zoning district, and that the tract in question was subject to flood and traffic hazards. On appeal the Court of Common Pleas of Chester County reversed the Board on all three issues and directed the grant of the special exception. This appeal is from that order.

On July 2, 1971, the timely appeal was filed in this Court by one of the supervisors of Thornbury Township, himself a member of the Bar. On August 9, 1971, the record was lodged with the Prothonotary of this Court, and the appellant was notified that it was required to file briefs and record with this Court subject to the 30-day time limitation imposed by Rule 32A of this Court. Seven days thereafter, a praecipe for appearance on behalf of appellant was filed by a Chester County attorney.

When appellant failed to comply with the limitation of Rule 32A and had not filed a ...


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