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DONAHUE v. ZONING BOARD ADJUSTMENT. (10/10/63)

October 10, 1963

DONAHUE, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeal, No. 173, Jan. T., 1963, from order of Court of Common Pleas of Montgomery County, No. 62-4695, in case of Paul D. Donahue, Richard H. Forster, William Hamilton et al. v. Zoning Board of Adjustment of Whitemarsh Township. Order affirmed; reargument refused November 7, 1963.

COUNSEL

William J. Woolston, for appellants.

John G. Kaufman, with him Elmer L. Menges, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen O'brien and Roberts, JJ.

Author: Roberts

[ 412 Pa. Page 331]

OPINION BY MR. JUSTICE ROBERTS

The action of the Supervisors of Whitemarsh Township in rezoning 146 acres of land in the township from AA residential, which requires a minimum lot area of one-half acre per residence, to A residential, which requires one-quarter acre, was accomplished in full compliance with law and was a valid exercise of the authority vested in them. The issuance of the building permit by the Board of Adjustment was pursuant to the valid ordinance and constituted a proper exercise of the powers and duties of the Board. The court below quite correctly refused to hold the ordinance invalid and to disturb the action of the Board. We, too, find no merit in the attack upon the ordinance and upon the board's order.

Disposition

The ruling below must, therefore, be affirmed.

19631010

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