395 A.2d 336

Max G. Talheim et al. v. Zoning Hearing Board of Lower Allen Township et al. Lower Allen Township, Appellant.

Commonwealth Court of Pennsylvania.Argued September 14, 1978
December 27, 1978.

Argued September 14, 1978, before Judges MENCER, DiSALLE and MacPHAIL, sitting as a panel of three.

Appeal, No. 1027 C.D. 1977, from the Order of the Court of Common Pleas of Cumberland County in case

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of Max G. Talheim, Lorraine Talheim and Park Hills West, Inc. v. Zoning Hearing Board of Lower Allen Township, Cumberland County, Pennsylvania, No. 926 Civil 1976.

Application to the Lower Allen Township Zoning Hearing Board for variance. Application denied. Applicants appealed to the Court of Common Pleas of Cumberland County. Appeal sustained. Permit ordered issued. RAMBO, J. Township appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Robert E. Yetter, with him Metzger, Wickersham, Knauss Erb,
for appellant.

Luther E. Milspaw, Jr., with him McNees, Wallace Nurick,
for appellee.

PER CURIAM OPINION, December 27, 1978:

This is an appeal from an order of the Court of Common Pleas of Cumberland County, sitting en banc, sustaining the appeal of Max G. Talheim, Lorraine Talheim and Park Hills West, Inc., from a decision of the Zoning Hearing Board of Lower Allen Township and ordering that an occupancy permit be issued. After a careful review of the record, we affirm on the basis of the opinion of the learned trial judge, Honorable SYLVIA H. RAMBO, which opinion is reported at 27 Cumberland Law Journal 217 (1976).

Judge DiSALLE concurs in the result only.

PER CURIAM ORDER
AND NOW, this 27th day of December, 1978, the order of the Court of Common Pleas of Cumberland County, dated April 26, 1977, is affirmed hereby on the opinion of Judge RAMBO reported at 27 Cumberland Law Journal 217 (1976).

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