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MICHAEL R. SIMPSON AND BEVERLY SIMPSON v. BOROUGH COUNCIL BOROUGH HUNTINGDON (10/04/84)

decided: October 4, 1984.

MICHAEL R. SIMPSON AND BEVERLY SIMPSON, HIS WIFE; LEONARD LAYTON AND MARJORIE LAYTON, HIS WIFE
v.
BOROUGH COUNCIL OF THE BOROUGH OF HUNTINGDON, BOROUGH OF HUNTINGDON. MICHAEL R. SIMPSON AND BEVERLY SIMPSON, HIS WIFE, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Huntingdon County in the case of Michael R. Simpson and Beverly Simpson, Leonard Layton and Marjorie Layton v. Borough Council of the Borough of Huntingdon, Borough of Huntingdon and J. C. Blair Memorial Hospital and Huntingdon County Hospital Authority, N. 81-322.

COUNSEL

Robert B. Stewart, III, for appellants.

No appearance for appellee.

David A. Ody, Henry, Corcelius, Gates, Gill & Ody, P.C., for intervenor, J. C. Blair Memorial Hospital and Huntingdon County Hospital Authority.

Judges Doyle, Colins and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 85 Pa. Commw. Page 405]

Michael R. Simpson, Beverly Simpson, Leonard Layton and Marjorie Layton (Appellants) appeal from a decision and order of the Court of Common Pleas of Huntingdon County (trial court) which affirmed a decision of the Huntingdon Borough Council (Borough) permitting J. C. Blair Memorial Hospital (Hospital) and Huntingdon County Hospital Authority (Authority) to connect an access road from the Hospital to a Borough street.

The Hospital owns land which abuts the end of Fourteenth Street, a Borough street. In 1980, the Hospital and the Authority received approval from the Borough to construct certain additions and improvements to the Hospital, including a parking lot on that property which abuts Fourteenth Street. Thereafter, the Hospital filed an application with the Borough for land development for the construction of a driveway which would connect the parking lot to Fourteenth Street. Prior to this time, Fourteenth Street had ended at the Hospital's property line. Thus, a result of the Hospital project would be an increase in the flow of traffic on Fourteenth Street. The Hospital agreed to bear the costs for the construction of

[ 85 Pa. Commw. Page 406]

    curbs, sidewalks and storm sewer facilities along Fourteenth Street.

Appellants, who own land on Fourteenth Street, appealed the Borough's decision to the trial court. The trial court received additional evidence and affirmed the Borough's decision. This appeal followed.

Where the trial court received additional evidence, we must affirm unless that court abused its discretion or committed an error of law. Abbot v. Commonwealth, 56 Pa. Commonwealth Ct. 482, 425 A.2d 856 (1981).

Appellants first contend that the Borough's approval of the Hospital's request to construct a driveway ignores that provision of the Borough Zoning Ordinance which provides that "where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required." Inasmuch as the record shows that Fourteenth Street is not a State ...


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