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ALLEGHENY VALLEY SCHOOL AND JOSEPH LIGO v. ZONING HEARING BOARD SLIPPERY ROCK BOROUGH ET AL. GEORGE RECTOR AND JANE RECTOR (11/21/86)

decided: November 21, 1986.

ALLEGHENY VALLEY SCHOOL AND JOSEPH LIGO
v.
THE ZONING HEARING BOARD OF SLIPPERY ROCK BOROUGH ET AL. GEORGE RECTOR AND JANE RECTOR, HIS WIFE, ET AL., APPELLANTS. ALLEGHENY VALLEY SCHOOL AND JOSEPH LIGO V. THE ZONING HEARING BOARD OF SLIPPERY ROCK BOROUGH ET AL. BOROUGH OF SLIPPERY ROCK, APPELLANT



Appeals from the Order of the Court of Common Pleas of Butler County, in case of Allegheny Valley School and Joseph Ligo v. The Zoning Hearing Board of Slippery Rock Borough, et al. George Rector and Jane Rector, his wife, Frank Gill, Les Boyer and Bette Boyer, his wife, Alberta Patterson, Howard Meyer, Mac Chutz and Molly Chutz, his wife, Walter Fowler and Brad Smith, No. A.D. 85-314.

COUNSEL

Alexander H. Lindsay, Jr., with him, Marion Laffey Ferry, Lindsay & Lutz, P.C., for appellants, George Rector and Jane Rector, his wife, et al.

S. Joseph Brydon, Special Solicitor for appellant, Borough of Slippery Rock.

Kenneth D. Perkins, Henninger & Robinson, for appellee, Allegheny Valley School and Joseph Ligo.

Howard Ulan, Assistant Counsel, for amicus curiae, Department of Welfare.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 102 Pa. Commw. Page 291]

The Borough of Slippery Rock*fn1 and numerous objectors appeal from an order of the Court of Common Pleas

[ 102 Pa. Commw. Page 292]

    of Butler County, dated September 11, 1985, denying post-trial relief*fn2 and affirming the order of Common Pleas Judge Floyd A. Rauschenberger, Jr., dated June 28, 1985, which reversed the refusal of the Zoning Hearing Board of the Borough of Slippery Rock to grant Allegheny Valley School a special exception authorizing

[ 102 Pa. Commw. Page 293]

    a group home for six mentally retarded adults in an R-1 residential district. We affirm.

The school filed an application with the board requesting a special exception under Article 4, Section 4.110 (3) of the Zoning Ordinance of the Borough of Slippery Rock. Subsection (C) of that section provides:

C. Special Exceptions

1. Nursing homes, retirement homes and convalescent homes for more than five (5) persons situated on a lot of not less than 20,000 square feet, screened in accordance with Section 5.600, and ...


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