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FRANK v. ZONING HEARING BOARD AND MOBILE OIL CORPORATION (10/31/72)

decided: October 31, 1972.

FRANK
v.
ZONING HEARING BOARD AND MOBILE OIL CORPORATION, ET AL., INTERVENORS



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Anthony N. Valenza and Dorothy A. Valenza, his wife; Warren W. Frank and Barbara B. Frank, his wife; Albert C. Slickers and Virginia I. Slickers, his wife v. Zoning Hearing Board of Upper Moreland Township and Mobil Oil Corporation and Foodarama Supermarkets, Inc., Intervenors, No. 71-15186.

COUNSEL

John P. Yatsko, with him Fitzgerald & Yatsko, for appellant.

William P. Manning, Jr., with him Wright, Spencer, Manning & Sagendorph, for intervenor Foodarama Supermarkets, Inc.

Thomas M. Garrity, with him Rosemary M. Flannery and Wisler, Pearlstine, Talone, Craig & Garrity, for intervenor Mobil Oil Corporation.

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

Author: Per Curiam

[ 6 Pa. Commw. Page 464]

And Now, this 31st day of October, 1972, the Order of the Court of Common Pleas of Montgomery County, Civil Division, is hereby affirmed upon the opinion of Judge Louis D. Stefan, which is set forth in toto below:

Opinion

Stefan, J.

This matter comes before the Court on the motion of Foodarama Supermarkets, Inc., and Mobil Oil Corporation, intervenors, to quash the appeal of Anthony N. Valenza, et ux., and other residents and property owners of Upper Moreland Township (hereinafter referred to as "appellants") from the decision of the Zoning Hearing Board of Upper Moreland Township; which decision dismissed appellants' petition to substitute themselves as appellants in the Appeal to Zoning Hearing Board of Upper Moreland Township by John R. Janke and Kathryn A. Janke, his wife, from the issuance of a building permit on December 15, 1970, issued to William P. Manning, Esquire, for the owner, Foodarama Supermarkets, Inc., Freehold, New Jersey.

On May 13, 1969, approximately six acres of real property located at the northwest corner of the intersection

[ 6 Pa. Commw. Page 465]

    of Moreland Road and Fitzwatertown Road, Upper Moreland Township, were rezoned from R-2 classification to C-2 classification, pursuant to enactment of an ordinance by the Board of Commissioners of Upper Moreland Township. Thereafter, on June 12, 1969, John R. Janke and Kathryn A. Janke, and Anthony Valenza and Dorothy Valenza filed an appeal from the passage of the ordinance, alleging that such constituted spot zoning. This appeal was dismissed by the Honorable Robert W. Tredinnick, ...


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