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LLEWELLYN'S MOBILE HOME COURT v. SPRINGFIELD TOWNSHIP ZONING HEARING BOARD ET AL. (12/31/84)

decided: December 31, 1984.

LLEWELLYN'S MOBILE HOME COURT, INC., APPELLANT
v.
SPRINGFIELD TOWNSHIP ZONING HEARING BOARD ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of York County in the case of Llewellyn's Mobile Home Court, Inc. v. Springfield Township Zoning Hearing Board, No. 83-S-2383.

COUNSEL

Glenn C. Vaughn, Carn, Vaughn & Perry, for appellant.

Gordon A. Roe, Kain, Brown & Roberts, for appellee, Springfield Township Zoning Hearing Board.

William H. Poole, Jr., for intervenor, Harry L. McNeal, Jr.

Judges MacPhail, Barry and Colins, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 86 Pa. Commw. Page 568]

Llewellyn's Mobile Home Court, Inc. (Appellant) appeals here from a decision of the Court of Common Pleas of York County which affirmed the decision of the Springfield Township Zoning Hearing Board (Board) denying Appellant's request for permission

[ 86 Pa. Commw. Page 569]

    to expand its mobile home park by an additional twenty units.*fn1 We will affirm.

The common pleas court did not receive any additional evidence, therefore, this Court must determine whether the Board made an error of law or committed an abuse of discretion in reaching its decision. Sullivan v. Zoning Board of Adjustment, 83 Pa. Commonwealth Ct. 228, 478 A.2d 912 (1984).

The Board found that there was no zoning ordinance in existence in Springfield Township prior to August 6, 1968. Following the adoption of a zoning ordinance on that date, the Springfield Township Zoning Officer issued a certificate of nonconformance to John T. Hall, Jr. on October 19, 1968.*fn2 Mr. Hall was the predecessor owner of the subject tract of land. The area in which the land is located was zoned agricultural, so that use of the land for a mobile home park was nonconforming.

The certificate of nonconformance described the property dimensions, referred to an accompanying plan, and listed the type of nonconformity as a mobile home park which had existed prior to August 6, 1968. The Board determined that eight mobile home lots existed in the park in 1968. The plan referred to on the certificate of nonconformance showed twenty-eight mobile home lots, using the entire property as a mobile home park. Nevertheless, at no time were there twenty-eight lots in use. The Board found that some ...


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