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ERVIN E. HEDRICK AND GERTRUDE M. HEDRICK v. ZONING HEARING BOARD LOWER SAUCON TOWNSHIP (12/29/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 29, 1982.

ERVIN E. HEDRICK AND GERTRUDE M. HEDRICK, APPELLANTS
v.
ZONING HEARING BOARD OF LOWER SAUCON TOWNSHIP, APPELLEE

Appeal from the Order of the Court of Common Pleas of Northampton County in the case of Ervin and Gertrude Hedrick v. Zoning Hearing Board of Lower Saucon Township, No. 1981-C-1300.

COUNSEL

Milton J. Goodman, Goodman & Goodman, for appellants.

George A. Heitczman, for appellee.

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

Author: Crumlish

[ 70 Pa. Commw. Page 627]

The Northampton County Common Pleas Court affirmed the Lower Saucon Township Zoning Hearing Board's denial of Edwin and Gertrude Hedrick's variance request. We affirm.

The Hedricks were cited for operating a business on a parcel of residentially-zoned property. They appealed to the board and sought a variance, alleging that the business was a valid prior nonconforming use,*fn1 which was denied. On appeal to the common pleas court, the Hedricks argued that the board abused its discretion in assessing the weight of the evidence and that the trial court should present them with the opportunity to introduce additional evidence. The court rejected these arguments and denied the appeal.

The Hedricks raise the same contentions before this Court. After a careful review of the record and

[ 70 Pa. Commw. Page 628]

    law, we find these contentions to be without merit, and affirm on the able opinion of Freedberg, J., below, Pa. D. & C.3rd (1981).

Order

The Northampton County Common Pleas Court order, No. 1981-C-1300, dated July 16, 1981, is hereby affirmed.

Disposition

Affirmed.


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