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RICHARD Z. KINARD ET AL. v. ZONING HEARING BOARD ABINGTON TOWNSHIP AND PAN AMERICAN ASSOCIATES (06/06/80)

decided: June 6, 1980.

RICHARD Z. KINARD ET AL., APPELLANTS
v.
THE ZONING HEARING BOARD OF ABINGTON TOWNSHIP AND PAN AMERICAN ASSOCIATES, APPELLEES



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Richard Z. Kinard, Frederick W. Pfefferle and Citizens Concerned About The Mall v. The Zoning Hearing Board of Abington Township, No. 79-10332.

COUNSEL

Daniel B. Michie, Jr., Fell, Spalding, Goff & Rubin, for appellants.

John F. Gaffney, Timoney, Knox, Hasson & Weand, for appellee, Zoning Hearing Board of Abington Township.

Robert S. Ryan, Drinker, Biddle & Reath, with him Stephen G. Yusem, High, Swartz, Roberts & Seider, for intervenor-appellee, Pan American Associates.

Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 52 Pa. Commw. Page 89]

Richard Z. Kinard, Frederick W. Pfefferle, and Citizens Concerned About the Mall appeal here from an order of the Court of Common Pleas of Montgomery County affirming the grant of a zoning variance by the Zoning Hearing Board of Abington Township (Board). The issues raised here were adequately disposed of in the court below, which found no abuse of discretion on the part of the Board. We agree and shall therefore affirm on the basis of President Judge Lowe's well-reasoned opinion at 106 Montg. Co. L.R. 241 (1979).

Order

And Now, this 6th day of June, 1980, the order of the Court of Common Pleas of Montgomery County in the above-captioned matter is hereby affirmed.

Disposition

Affirmed.

19800606

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