Opinion
Argued December 13, 1982
February 4, 1983.
Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.
Appeal, No. 1131 C.D. 1981, from the Order of the Court of Common Pleas of Montgomery County in case of North Penn Water Authority v. Zoning Hearing Board of Worcester Township and Township of Worcester, No. 80-10260.
Application with the Zoning Hearing Board of Worcester Township for special exception. Application denied. Applicant appealed to the Court of Common Pleas of Montgomery County. Order reversed. Permit ordered issued. SCIRICA, J. Township appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed. Application for reargument filed and denied.
Bruce S. Katcher, with him Joseph M. Manko, of counsel: Wolf, Block, Schorr and Solis-Cohen, and Philip R. Detwiler, Bresnan and Detwiler, for appellant. Albert R. Subers, for appellee.
This is an appeal by the Township of Worcester from an order of the Court of Common Pleas of Montgomery County reversing the township Zoning Hearing Board's denial of North Penn Water Authority's application for a special exception and directing that the special exception issue. We affirm the order on the opinion of Judge SCIRICA of the Court of Common Pleas of Montgomery County, reported in ___ Pa. D. C.3rd ___, noting, however, that the Supreme Court in Franklin Township v. Department of Environmental Resources, ___ Pa. ___, ___ A.2d ___ (No. 81-1-80, filed December 1, 1982), reversed a holding of this court identical to that of Strasburg Associates v. Newlin Township, 52 Pa. Commw. 514, 415 A.2d 1014 (1980) cited by Judge SCIRICA but on an issue not involved in this case.
ORDER
AND NOW, this 4th day of February, 1983, the order of the Court of Common Pleas of Montgomery County dated April 6, 1981 is affirmed.