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MICHAEL PHILLIPS v. BOARD COMMISSIONERS HANOVER TOWNSHIP (04/02/81)

decided: April 2, 1981.

MICHAEL PHILLIPS, APPELLANT
v.
THE BOARD OF COMMISSIONERS OF HANOVER TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Michael Phillips v. The Board of Commissioners of Hanover Township, No. 6745 of 1979.

COUNSEL

Elliot B. Edley, for appellant.

John L. McDonald, for appellee.

Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Rogers. Judges Wilkinson did not participate in the decision of this case.

Author: Rogers

[ 58 Pa. Commw. Page 206]

Michael Phillips has appealed from an order of the Court of Common Pleas of Luzerne County upholding the action of the Board of Commissioners of Hanover Township refusing to rezone Phillips' parcel of land.

Phillips wrote to the Board of Commissioners as follows:

Gentlemen:

I am requesting a rezoning of the property located on the San Souci Highway, which was recently purchased from Mark Realty.

I am requesting it to be changed from residential C-1 Commercial. I would appreciate

[ 58 Pa. Commw. Page 207]

    it if this can be enacted upon as soon as possible for I wish to make use of it in the near future.

The Commissioners conducted a hearing, after which they refused Phillips' request. Phillips appealed and the Court below conducted a hearing and received evidence, which on the part of Phillips consisted of his description of other commercial activities in the vicinity of his land, of an expression of his desire to conduct one or more of a number of commercial uses on his tract and of the testimony of a real estate expert to the effect that development in the ...


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