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Home My WebLink About99-1990 civilCHANCELLOR MEDIA WHITECO' IN THE COURT OF COMMON PLEAS OF OUTDOOR CORPORATION · CUMBERLAND COUNTY, PENNSYLVANIA Vo UPPER ALLEN TOWNSHIP ZONING HEARING BOARD Vo UPPER ALLEN TOWNSHIP · ' NO. 99-1990 CIVIL · CIVIL ACTION- LAW APPELLANT PROCEDURE 1925 Guido, J., February 7, 2000 Appellant has filed a timely appeal from our order dated December 13, 1999. We are satisfied that the reasons for the order are adequately explained therein as required by Pennsylvania Rule of Appellate Procedure 1925(a). However, in its Statement of Matters Complained of on Appeal, appellant alleges that we raised issues that were not presented to or addressed by the zoning hearing board. Appellant further alleges that we considered facts outside the record. We did neither. We recognized the standard of review to be applied to appeals from the zoning hearing board. As we stated in our opinion: Where an appeal is taken from a decision of the zoning hearing board, without an independent taking of evidence at this level, our scope of review is limited to whether the board abused its discretion or made an error of law and whether its necessary findings are supported by 'substantial evidence. Rushford v. Zoning Board of Adjustment o£ Pittsburgh, 81 Pa. Commonwealth 274 473 A.2d 719, (1984), 53 P.S. § 11005-A.l December 13, 1999, Opinion p. 2. 99-1990 CIVIL We applied the above standard to reach the following conclusions: (1) The zoning heating board had appropriately interpreted the ordinance; and (2) The zoning hearing board correctly determined that appellant had not sustained its burden of proving that portions of the ordinance were unconstitutional. Both of those issues were presented to and decided by the board. Furthermore, we considered only the record below in reaching our conclusions.2 Date Edward E. Guido, J. Lawrence R. Wieder, Esquire For Chancellor Media Whiteco Dusan Bratic, Esquire William E. Miller, Jr., Esquire :sld 2 The record below contained not only the transcripts of the various hearings before the board, but also the relevant portions of the zoning ordinance and the zoning map.