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HARBORGETTE COMPANY v. ZONING HEARING BOARD LOWER MAKEFIELD TOWNSHIP (04/19/74)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: April 19, 1974.

HARBORGETTE COMPANY, A PARTNERSHIP, APPELLANT,
v.
ZONING HEARING BOARD OF LOWER MAKEFIELD TOWNSHIP, APPELLEE

Appeal from the Order of the Court of Common Pleas of Bucks County in case of In Re: Appeal of The Harborgette Company, a Partnership, from the Findings of Fact and Order of the Zoning Hearing Board of Lower Makefield Township, No. 72-6062.

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

Author: Per Curiam

[ 13 Pa. Commw. Page 158]

This case was a "companion case" in the court below with Rickert Nurseries v. Lower Makefield Township Zoning Hearing Board, 24 Bucks Co. L. Rep. 201 (1973). In Rickert, the lower court directed the issuance of a building permit, holding that the zoning ordinance was unconstitutional under Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970), for failure to provide for townhouses or attached two-story single-family dwellings anywhere in the Township. In Rickert, the applicant met all other requirements for the issuance of the building permit.

In this case, the lower court affirmed the Zoning Hearing Board's refusal of the permit because the appellant failed to meet the ordinance's minimum floor area requirements, as ably set forth in the opinion of Judge Rufe, as reported in 24 Bucks Co. L. Rep. 207 (1973), which we adopt.

Affirmed.

Disposition

Affirmed.

19740419

© 1998 VersusLaw Inc.



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