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UTILITY CONSTRUCTORS v. ZONING HEARING BOARD SADSBURY TOWNSHIP ET AL. CONNEAUT LAKE AREA HOMEOWNERS ASSOCIATION (02/28/84)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 28, 1984.

UTILITY CONSTRUCTORS, INC.
v.
THE ZONING HEARING BOARD OF SADSBURY TOWNSHIP ET AL. CONNEAUT LAKE AREA HOMEOWNERS ASSOCIATION, APPELLANT

Appeal from the Order of the Court of Common Pleas of Crawford County in the case of Utility Constructors, Inc. v. The Zoning Hearing Board of Sadsbury Township; Conneaut Lake Area Homeowners Association; Huidekoper Bay Park, Inc.; Huidekoper Residence Association; Alfred W. DeCapua and Robert T. Kincaid, and John Bailey and Elizabeth Bailey, Intervenors, No. 1119 of 1981.

COUNSEL

E. Max Weiss, Culbertson, Weiss, Schetroma and Schug, for appellant.

Paul D. Shafer, Jr., with him Louis J. Stack, Shafer, Dornhaffer, Swick & Bailey, for appellee.

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

Author: Barbieri

[ 80 Pa. Commw. Page 477]

This is an appeal from an order of the Court of Common Pleas of Crawford County which sustained

[ 80 Pa. Commw. Page 478]

    an appeal from a denial of a special exception request which Utility Constructors, Inc., had filed with the Zoning Hearing Board of Sadsbury Township. We will affirm.

Since the Appellants raise here the same issues they raised below, and since we believe the court of common pleas correctly resolved these issues, we shall affirm on the basis of the able and comprehensive opinion of President Judge Richard Thomas of the Court of Common Pleas of Crawford County in Utility Constructors, Inc. v. Zoning Board of Sadsbury Township et al., 28 Pa. D. & C.3d 132 (1982).

Order

And Now, February 28, 1984, the order of the Court of Common Pleas of Crawford County, at A.D. 1981 -- 1119, dated August 4, 1982, is affirmed.

Disposition

Affirmed.

19840228

© 1998 VersusLaw Inc.



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