Jackson v. Lower Gwynedd Township Zoning Board of Adjustment

45 Pa. D. & C.2d 413
Pennsylvania Court of Common Pleas, Montgomery County·Decided June 26, 1968·No. no. 67-14106·Published·Cited by 1 cases

Opinion

Honeyman, J.,

Intervenors, Arthur E. Benning and his wife Barbara-Lee Benning, breeders of English springer spaniels, applied to the [414]*414administrative officer of the Lower Gwnyedd Township Zoning Commission for permission to use part of their premises as a kennel for the boarding and breeding of dogs. Noting that this use was not expressly permitted on a premises situated in an “A” residential zoning district, said official referred the matter to the Zoning Board of Adjustment of Lower Gwynedd Township (hereinafter called board) for its determination. After holding a hearing on the matter and considering the relevant testimony, the board, by order dated October 2, 1967, granted intervenors a special exception to “maintain a dog boarding kennel and facilities for the breeding of springer spaniels”, subject to certain enumerated limitations. It is from this order that the protesting neighbors (hereinafter called petitioners) have appealed to this court. In taking their appeal, petitioners allege that the decision and order handed down by the board concerning this matter was arbitrary, capricious and an abuse of discretion, and otherwise not in accordance with the law. This court granted petitioners’ petition for a writ of certiorari by order dated October 27, 1967, and directed the board to certify to this court the entire record concerning this matter. No additional testimony having been taken by this court, this appeal shall be determined solely on the record that has been developed before the board.

A thorough review of this record reveals the following facts:

Mr. and Mrs. Benning (hereinafter called intervenors) are the equitable owners of the subject premises, having purchased same from G. Lupton Broomell and his wife.

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Jackson v. Lower Gwynedd Township Zoning Board of Adjustment, 45 Pa. D. & C.2d 413 (Pa. Super. Ct. 1968).

45 Pa. D. & C.2d 413 (Jackson v. Lower Gwynedd Township Zoning Board of Adjustment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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