The decision in Harrisburg Gardens v. Susquehanna Township Zoning Hearing Board, PICS Case 09-1617 (Sept. 23, 2009) Kelley, J. (18 pages) seems to limit a business’ right of expansion, while also drawing a distinction between an increase in business and a change in business services, said Norman M. Yoffe, solicitor for the Susquehanna Township Zoning Hearing Board.

“While the new, standing use is still part and parcel of the nursery business, the constituent elements have changed so it really no longer qualifies as a valid nonconforming use,” Yoffe said.

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