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JEROME SCOTT AND MARGARET SCOTT v. JOHN F. FOX AND MARGARET H. FOX ET AL. (06/15/78)

decided: June 15, 1978.

JEROME SCOTT AND MARGARET SCOTT, APPELLANTS
v.
JOHN F. FOX AND MARGARET H. FOX ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Jerome Scott and Margaret S. Scott v. John F. Fox and Margaret H. Fox, and Campbell Associates, Inc. and Township of Haverford Zoning Hearing Board, No. 75-3999.

COUNSEL

Patricia Hedley Jenkins, with her Matthew J. Ryan, for appellants.

Robert E. Slota, with him Brian S. Quinn, and Murphy & Slota, for appellees.

Judges Crumlish, Jr. and Wilkinson, Jr., sitting as a panel of two. President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt and DiSalle. Opinion by Judge Wilkinson, Jr. Dissenting Opinion by Judge Rogers. Judges Mencer and Blatt join in this dissent.

Author: Wilkinson

[ 36 Pa. Commw. Page 89]

The issue before the Court in this case is the propriety of a Zoning Hearing Board's grant of a variance when the application before it was for a special exception and when the variance was to build on an abutting, undersized lot. The trial court affirmed the decision of the Zoning Hearing Board with an able opinion by Judge McGovern, Jr., which opinion is reported at 63 Del. 401 (1976). We affirm and adopt the opinion of Judge McGovern, Jr.

Accordingly, we will enter the following

Order

Now, June 15, 1978, the Order of the Court of Common Pleas of Delaware County in the above matter, dated November 24, 1976, affirming, after Petition for Reconsideration, supplemental brief and argument thereon, its order of June 15, 1976, is affirmed.

Disposition

Affirmed.

Dissenting Opinion by Judge Rogers, June 15, 1978:

I would not ordinarily dissent from an Order of this Court upholding a variance granted by a Zoning Hearing Board affirmed by the Court of Common Pleas. I am constrained to do so in this case, because ...


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