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LINDENWOOD CORPORATION v. TOWNSHIP UPPER DARBY (11/17/72)

decided: November 17, 1972.

LINDENWOOD CORPORATION
v.
TOWNSHIP OF UPPER DARBY



Appeal from the Order of the Court of Common Pleas of Delaware County in case of In Re: Appeal of Lindenwood Corporation from the Decision of the Zoning Hearing Board of the Township of Upper Darby, No. 6466 of 1971.

COUNSEL

George Koudelis, for appellant.

John W. Nilon, Jr., with him Kassab, Cherry and Archbold, for appellee.

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

Author: Per Curiam

[ 6 Pa. Commw. Page 559]

And Now, this 17th day of November, 1972, the Order of the Court of Common Pleas of Delaware County, Pennsylvania, Civil Division, is hereby affirmed upon the able opinion of Judge Francis J. Catania, which is set forth in toto below:

Opinion

Catania, J.

On March 25, 1971, the Lindenwood Corporation made application for a special exception to permit the construction of two multi-family dwellings in accordance with the plans which were attached to the application, the first building being three stories high and containing 18 living units; the second building being four stories high and containing 48 living units, with 100 per cent off-street parking, situate on Abbey Terrace, Mary Street and Shadeland Avenue, Upper Darby, Delaware County, Pennsylvania.

A public hearing was held on April 29, 1971, and at a special meeting held on May 13, 1971, notice was made and the application was held for further study. At a special meeting held on June 3, 1971, the Zoning Board of Adjustment of Upper Darby Township denied the application for special exception for the reasons that:

(1) The reasons given by the applicant are not substantial, serious and compelling.

[ 6 Pa. Commw. Page 560]

(2) The granting of said special exception would not be in keeping with the ...


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