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JOHN R. HAGER AND J. J. BENTMAN v. ZONING HEARING BOARD MANHEIM TOWNSHIP SARAH MCILVAINE MUENCH V. MANHEIM TOWNSHIP ZONING HEARING BOARD. SAMUEL CATERBONE (02/17/76)

decided: February 17, 1976.

JOHN R. HAGER AND J. J. BENTMAN
v.
ZONING HEARING BOARD OF MANHEIM TOWNSHIP; SARAH MCILVAINE MUENCH V. THE MANHEIM TOWNSHIP ZONING HEARING BOARD. SAMUEL CATERBONE, APPELLANT



Appeal from the Order of the Court of Common Pleas of Lancaster County in case of John R. Hager and J. J. Bentman v. Zoning Hearing Board of Manheim Township, Trust Book No. 43, Page 84; and Sarah McIlvaine Muench v. The Manheim Township Zoning Hearing Board, Trust Book No. 43, Page 88.

COUNSEL

John Mongiovi, with him Xakellis, Perezous, & Mongiovi, for appellant.

James W. Appel, with him Roberts R. Appel and Appel, Herr & Appel, for appellees.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 23 Pa. Commw. Page 362]

Samuel Caterbone (Appellant) appeals an order of the Court of Common Pleas which reversed the Manheim Township Zoning Hearing Board (Board) and denied

[ 23 Pa. Commw. Page 363]

    his motion to quash the appeal by John R. Hager, J. J. Bentman, and Sarah McIlvaine Muench (Appellees) from the Board's decision. The Board had granted a variance to permit off-street parking of Appellant's commercial refuse truck.

Appellant, who is a commercial waste hauling operator, owns two tracts of land in Manheim Township situate in an area zoned R-200, Single-Family Residential-Agricultural. Appellant maintains his residence on one of the tracts and leases a nearby tract to residential tenants. On September 3, 1974, Appellant sought a variance permitting him to park his commercial refuse truck on one of his residential properties. Appellees, one of whom owned adjacent property, appeared at the hearing and opposed the variance.

Although no written appearance was filed, Appellees were represented by counsel. The minutes of the hearing cite Appellees' names and addresses in addition to their counsel's name under the heading "Attorney for Opposition."

On September 12, 1974 the Board, without making written findings of fact or conclusions of law, granted the variance. Appellees appealed to the court below whereupon Appellant moved to quash the appeal. The court below reversed the Board and revoked the variance. Hence, this appeal.

Two issues are before us for resolution. First, whether Appellees should have appealed to the Board before appealing to the Court of Common Pleas. Second, whether ...


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