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WILDMAN ARMS v. ZONING HEARING BOARD BOROUGH SWARTHMORE (11/12/74)

decided: November 12, 1974.

WILDMAN ARMS, INC. OF SWARTHMORE, APPELLANT,
v.
ZONING HEARING BOARD OF THE BOROUGH OF SWARTHMORE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Wildman Arms, Inc. of Swarthmore v. The Zoning Hearing Board of the Borough of Swarthmore, No. 107 of 1973.

COUNSEL

Richard A. Mitchell, with him Ralph B. D'Iorio and Cramp, D'Iorio, McConchie and Surrick, for appellant.

Clarence G. Myers, for appellee.

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

Author: Wilkinson

[ 15 Pa. Commw. Page 570]

Appellant, Wildman Arms, Inc. of Swarthmore, is the owner of an apartment-hotel complex in the Borough of Swarthmore. On August 18, 1972, appellant applied to the building inspector for Swarthmore for a permit to install and maintain a sign 20 square feet in size containing the following legend:

"College Inn & Restaurant

Turn Right 2nd Light Yale Ave.

Wildman Arms Apartments"

The property upon which the proposed sign would be placed is located in a residential zone approximately

[ 15 Pa. Commw. Page 571]

    one-half mile from the apartment complex, and is owned individually by C.H.A. Wildman, sole owner of the appellant corporation.

On August 21, 1972, the building inspector refused the requested permit. Appellant duly filed an appeal to the Zoning Hearing Board of the Borough of Swarthmore, appellee herein, and a public hearing was held on October 25, 1972, at which time appropriate testimony was heard and stenographically recorded. On December 7, 1972, appellee filed its report containing findings of fact and conclusions of law which dismissed appellant's appeal. Appellant timely filed an appeal to the ...


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