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Diversified Health Associates, Inc. v. Zoning Hearing Board of the Borough of Norristown

Trial court's reversal of Zoning Board's determination regarding plaintiff's application for a zoning permit affirmed because plaintiff's proposed substance abuse facility was an allowable use in the Health Care zoning district in which plaintiff's property was located.

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Argued: June 4, 2001

The Borough of Norristown (Appellant) appeals from an order of the Montgomery County Court of Common Pleas (trial court) which reversed the decision of the Zoning Hearing Board of the Borough of Norristown (ZHB). The ZHB found that the substance abuse treatment center Diversified Health Associates, Inc. (Appellee) proposes to operate in the borough is not a hospital as that term is defined in the Norristown Borough Zoning Ordinance (Ordinance) and is therefore not permitted in the Health Care (HC) zoning district in which Appellee’s property is located. We affirm the order of the trial court.

Appellee filed an Application for Zoning Permit with Appellant’s Zoning Officer seeking to use the property at 1529 DeKalb Street, Norristown, PA, as a 30 to 50 bed adult substance abuse inpatient treatment center. Appellee asserted that, because the facility will provide people with treatment such as stress management, exercise and nutrition, health considerations and instruction about the physiological and psychological aspects and effects of addiction, the proposed use meets the definition of “hospital” set forth in the Ordinance. (R.R. at 3-4). Section 320-7 of the Ordinance states that a hospital is:

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