TKO Realty LLC v. Zoning Hearing Board of the City of Scranton
Oct 18, 2013OUTCOME: Order reversed in favor of Appellant
A trial court's affirmance of a decision of a city zoning hearing board, which denied a property owner a building permit in order to rehabilitate a structure into a three-unit dwelling, was error becau ... se the property owner established that the property was used as a three-unit dwelling prior to the enactment of the prohibitory zoning restrictions and, as such, it was a lawful nonconforming use; Further, although the city showed an intent to abandon the property due to a foreclosure against the prior owner and the city thereafter condemning it, there was no actual abandonment.
