Gohn v. Zoning Board of Adjustment

Commonwealth Court of Pennsylvania

Gohn v. Zoning Board of Adjustment

467 A.2d 103, 78 Pa. Commw. 227, 1983 Pa. Commw. LEXIS 2089

CourtCommonwealth Court of Pennsylvania

DecidedNovember 4, 1983

DocketAppeal, No. 3134 C.D. 1982

StatusPublished

This text of 467 A.2d 103 (Gohn v. Zoning Board of Adjustment) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gohn v. Zoning Board of Adjustment, 467 A.2d 103, 78 Pa. Commw. 227, 1983 Pa. Commw. LEXIS 2089 (Pa. Ct. App. 1983).

Pincite

Opinion

Opinion by

Judge MacPhail,

Pollock-Columbia (Appellant) has appealed from an order of the Court of Common Pleas of Lancaster County which reversed a decision of the Zoning Board of Adjustment of the Borough of Columbia (Board) and denied Appellant’s variance application.

Appellant is the lessee of a 5.6 acre tract of land which it proposes to use as a junkyard. Since junkyards are prohibited as a use in the industrial zoning district where the subject property is located, Appellant applied for a variance from the terms of the ordinance. The Board’s decision granting the variance was reversed by the common pleas court, which did not take additional evidence, on the ground that the Board failed to find and Appellant failed to demonstrate, that denial of the variance would result in unnecessary hardship.

Having reviev/ed the briefs and record in this case, we find ourselves in agreement with the disposition by the common pleas court of the issues presented. We accordingly, will affirm on the basis of the able opinion of Judge Buokwalter, Gohn v. Zoning Board of Adjustment of the Borough of Columbia, Pa. D. & C.3d (1982).¹

[229]*229Order

The order of the Court of Common Pleas of Lancaster County, dated November 16, 1982, is hereby affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge MacPhail,

Pollock-Columbia (Appellant) has appealed from an order of the Court of Common Pleas of Lancaster County which reversed a decision of the Zoning Board of Adjustment of the Borough of Columbia (Board) and denied Appellant’s variance application.

Appellant is the lessee of a 5.6 acre tract of land which it proposes to use as a junkyard. Since junkyards are prohibited as a use in the industrial zoning district where the subject property is located, Appellant applied for a variance from the terms of the ordinance. The Board’s decision granting the variance was reversed by the common pleas court, which did not take additional evidence, on the ground that the Board failed to find and Appellant failed to demonstrate, that denial of the variance would result in unnecessary hardship.

Having reviev/ed the briefs and record in this case, we find ourselves in agreement with the disposition by the common pleas court of the issues presented. We accordingly, will affirm on the basis of the able opinion of Judge Buokwalter, Gohn v. Zoning Board of Adjustment of the Borough of Columbia, Pa. D. & C.3d (1982).¹

[229]*229Order

The order of the Court of Common Pleas of Lancaster County, dated November 16, 1982, is hereby affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

467 A.2d 103, 78 Pa. Commw. 227, 1983 Pa. Commw. LEXIS 2089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gohn-v-zoning-board-of-adjustment-pacommwct-1983.