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BELLE VERNON AREA CONCERNED CITIZENS ET AL. v. BOARD COMMISSIONERS TOWNSHIP ROSTRAVER (02/12/85)

decided: February 12, 1985.

BELLE VERNON AREA CONCERNED CITIZENS ET AL., APPELLANTS
v.
THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF ROSTRAVER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of Belle Vernon Area Concerned Citizens et al. v. Board of Commissioners of the Township of Rostraver and Adolph Bergstein et al., No. 7162 of 1982.

COUNSEL

Gary Robert Fine, McBride, Wiker & Fine, for appellants.

Franklin L. Bialon, for appellee.

Albert C. Gaudio, for intervenors.

Judges williams, Jr., Barry and Colins, sitting as a panel of three. Opinion by Judge Colins. This decision was reached prior to the resignation of Judge Williams, Jr.

Author: Colins

[ 87 Pa. Commw. Page 475]

This is an appeal of the Belle Vernon Area Concerned Citizens, an unincorporated association, and twenty-nine persons who own real property in Rostraver Township (Township) from an order of the Court of Common Pleas of Westmoreland County denying their petition to strike a zoning amendment ordinance.

On May 10, 1982, George D. Zamias,*fn1 by counsel, petitioned the Rostraver Planning Commission to enact a zoning amendment ordinance rezoning two tracts of land*fn2 from A-1 agricultural to B-3 general business district.*fn3

[ 87 Pa. Commw. Page 476]

The Planning Commission requested its attorney, James J. Manderino, to prepare such an ordinance. By letter dated June 1, 1981, Mr. Manderino sent the Planning Commission a proposed ordinance, which he had drafted. On June 7, 1982, an advertisement was published in the Valley Independent, a newspaper of general circulation in the Township, announcing that the Planning Commission would hold a hearing on the proposed ordinance, on June 17, 1982, at 8:00 p.m., in the Township Municipal Building. That hearing was held and continued and reconvened on June 24, 1982, at 7:30 p.m.

The minutes from the June 24th hearing reflect that the Planning Commission recommended, to the Board of Commissioners, that the proposed zoning change be granted with certain "provisions."*fn4

On October 7, 1982, at 7:30 p.m., in the Township Municipal Building, the Board of Commissioners held a public hearing on the proposed zoning ordinance. Notice of that hearing was published in the Valley Independent on September 20 and September 27, 1982. Both of these advertisements, in addition to providing notice of the public hearing, described the subject ...


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