408 A.2d 194
Commonwealth Court of Pennsylvania.Argued October 5, 1979
November 19, 1979.
Argued October 5, 1979, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.
Appeal, No. 521 C.D. 1979, from the Order of the Court of Common Pleas of Montgomery County in case of Victor Riccobono v. Max Tietjens, Zoning Officer of Whitpain Township, and Thomas H. Ainsworth, Member Whitpain Township Supervisors, Individually and in his Official Capacity; and Anthony J. DeVincent, Member, Whitpain Township Supervisors, Individually and in his Official Capacity, and William Lechler, Member, Whitpain Township Supervisors, Individually and in his Official Capacity, No. 78-03580.
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Denial of building permit by zoning officer appealed by applicant to the Whitpain Township Board of Supervisors. Permit denied. Action in mandamus in the Court of Common Pleas of Montgomery County. Case remanded under stipulation. Sewer permit obtained. Building permit denied by Board. Applicant appealed to the Court of Common Pleas of Montgomery County. Appeal sustained. DAVENPORT, J. Supervisors appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Marc B. Kaplin, with him Lesser Kaplin, P.C., for appellants.
Gregory S. Ghen, with him Branca and Ghen, for appellee.
PER CURIAM OPINION, November 19, 1979:
The members of the Board of Supervisors of Whitpain Township have appealed from a decision of the Montgomery County Court of Common Pleas which sustained the appeal of Victor Riccobono concerning Riccobono’s request for a permit to construct a roller-skating rink. Having carefully considered the issues raised by the parties and in light of the record, we affirm the lower court’s decision on the basis of Judge DAVENPORT’s able opinion dated February 16, 1979, which is reported at 105 Montg. Co. L. Rep. 273 (1979).
PER CURIAM ORDER
AND NOW, this 19th day of November, 1979, the order of the Court of Common Pleas of Montgomery County dated February 16, 1979, is hereby affirmed on the opinion of the lower court which is reported at 105 Montg. Co. L. Rep. 273 (1979).
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