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DONALD G. REXRODE v. ZONING HEARING BOARD NORTH COVENTRY TOWNSHIP AND NORTH COVENTRY TOWNSHIP BOARD SUPERVISORS. NORTH COVENTRY TOWNSHIP BOARD SUPERVISORS (01/10/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 10, 1986.

DONALD G. REXRODE
v.
ZONING HEARING BOARD OF NORTH COVENTRY TOWNSHIP AND NORTH COVENTRY TOWNSHIP BOARD OF SUPERVISORS. NORTH COVENTRY TOWNSHIP BOARD OF SUPERVISORS, APPELLANT

Appeal from the Order of the Court of Common Pleas of Chester County in case of Donald G. Rexrode v. Zoning Hearing Board of North Coventry Township, No. 51 December Term, 1979.

COUNSEL

Timothy F. Hennessey, Solicitor, for appellant.

Patrick C. O'Donnell, with him, John E. Good, for appellee.

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

Author: Palladino

[ 94 Pa. Commw. Page 155]

The North Coventry Township Board of Supervisors (Appellant) appeals from a decision of the Court of Common Pleas of Chester County which reversed a denial of a special exception by the Zoning Hearing Board of North Coventry Township (Board). We affirm.

Donald G. Rexrode (Appellee) applied for a special exception to use his 19.74 acre tract as a special education school with a nursing care facility. This application was denied by the zoning hearing officer and by the Board.

[ 94 Pa. Commw. Page 156]

The issues raised before this Court by Appellant are the same issues addressed by the trial court. Because we are in full agreement with the trial court's disposition of the case, we affirm on the basis of the articulate and comprehensive opinion of Judge Michael Joseph Melody, Jr. of the Court of Common Pleas of Chester County, Rexrode v. Zoning Hearing Page 156} Board of North Coventry Township, 36 D. & C. 3d 521 (1984).

Order

And Now, January 10, 1986, the opinion and order of the Court of Common Pleas of Chester County at No. 51 December Term, 1979, dated June 15, 1984, are affirmed.

Disposition

Affirmed.

19860110

© 1998 VersusLaw Inc.



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