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GLENCREST REALTY COMPANY v. ZONING HEARING BOARD WASHINGTON TOWNSHIP (09/24/79)

decided: September 24, 1979.

GLENCREST REALTY COMPANY, APPELLANT
v.
THE ZONING HEARING BOARD OF WASHINGTON TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Glencrest Realty Company v. The Zoning Hearing Board of Washington Township, No. 682 September Term, 1977.

COUNSEL

William E. Schantz, with him Charles Steven Miller, for appellant.

James G. Kellar, for appellee.

Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr. Judge Rogers dissents.

Author: Crumlish

[ 46 Pa. Commw. Page 177]

The Washington Township Zoning Board denied a special exception to Glencrest Realty Company to construct an addition to a mobile home park. The Lehigh

[ 46 Pa. Commw. Page 178]

County Common Pleas Court affirmed the Board. We reverse.

Glencrest Realty owns Glencrest Mobile Home Park on Township Road 707 in Washington Township, Pennsylvania which, at the time of the hearing, consisted of approximately 50 contiguous acres and 210 living accomodations.

In 1975 Glencrest applied for special exception to construct a second phase expanding the already existing park. The site proposed contains 18.5 acres and is situated on the opposite side of Township Road 707 directly across from the Glencrest park. It does not touch the park at any point. If constructed, the addition will contain 72 mobile home sites and recreational facilities. Water and sewage is to be provided by extending the systems currently used by Glencrest. The addition will be owned, operated and managed as part of Glencrest Mobile Home Park.

The Board denied the application for special exception finding that the proposed site was not contiguous to the Glencrest Mobile Home Park, and that standing alone it did not consist of 50 contiguous acres.

Glencrest Realty argues that the Board's denial is an abuse of discretion or clear ...


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