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Roseberry Life Insurance Company v. Zoning

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eBook details

  • Title: Roseberry Life Insurance Company v. Zoning
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 05, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

OPINION BY JUDGE DOYLE 1 FILED: September 5, 1995 The City of McKeesport (City) appeals from an order of the Court of Common Pleas of Allegheny County which reversed a decision of the Zoning Hearing Board of the City of McKeesport (ZHB), and held that the Roseberry Insurance Company (Roseberry) had acquired a vested right in an invalid sign erection permit. Also before the court is Roseberry's motion to quash the brief of the ZHB. Roseberry is the tenant on the first floor of a commercially zoned building and lot which it leases from James Fawcett at 1066 Long Run Road, Route 48. 2 In August 1992, Roseberry hired the Advanced Sign Company to obtain the necessary permits to construct a billboard on the lot. Initially, Roseberry sought permission from the City to construct a billboard attached to the side of its leased building which would read ""Roseberry Life Insurance Specializing in All Forms of Life Insurance."" The billboard was to measure 8 feet by 32 feet, giving it a total of 265 square feet of sign area. An employee of the Advanced Sign Company, Terry Feiler, contacted the Zoning Officer to learn about the procedures necessary to secure a permit for its proposed billboard. Feiler submitted design drawings and plot plans to the City's zoning office; he was told by the Zoning Administrator that the billboard would be permitted. On August 28, 1992, a sign erection permit was issued by the Zoning Administrator to Roseberry for the construction of that billboard. Roseberry was not then, nor ever, issued a zoning certificate. 3 Copies of the pertinent provisions of the Ordinance regulating billboards were mailed to Roseberry.


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