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HONEY BROOK TOWNSHIP v. ALENOVITZ (07/01/68)

decided: July 1, 1968.

HONEY BROOK TOWNSHIP
v.
ALENOVITZ, APPELLANT



Appeal from decree of Court of Common Pleas of Chester County, No. 1864 of 1966, in case of Township of Honey Brook v. George C. Alenovitz, Jean E. Alenovitz, his wife, Clement Alenovitz et al.

COUNSEL

Edward N. Barol, with him Glenvar E. Harman, and Harman & Pine, and Kanner, Stein, Feinberg & Barol, for appellants.

John E. Good, for appellee.

Robert A. Mills, G. Thomas Miller, and McNees, Wallace & Nurick, for amicus curiae.

Bell, C. J., Musmanno, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Cohen and Mr. Justice Roberts concur in the result. Mr. Justice Jones took no part in the consideration or decision of this case. Concurring Opinion by Mr. Chief Justice Bell.

Author: O'brien

[ 430 Pa. Page 616]

This case arises out of a complaint in equity filed on October 26, 1966, by the Township of Honey Brook, County of Chester, against George C. Alenovitz, Jean E. Alenovitz, his wife, Clement Alenovitz and Elizabeth Alenovitz, his wife, in the Court of Common Pleas of Chester County, praying for an injunction enjoining the defendants from operating, establishing or constructing a trailer park on three tracts of land (about twenty-three acres) located in the Township of Honey Brook and to remove all facilities and equipment placed on the premises. A preliminary hearing was

[ 430 Pa. Page 617]

    held on November 7, 1966 and a preliminary injunction was granted that same day. A final hearing was held on February 14, 1967 and a decree nisi granting the permanent injunction was ordered on September 29, 1967. Exceptions were filed and the decree nisi was entered as a final decree on January 25, 1968. From that final decree this appeal was taken.

The Township of Honey Brook is a second class township located in Chester County, Pennsylvania. On or about July 2, 1962 the supervisors of the township conferred upon the planning commission the power of a zoning commission, with the duty to prepare a comprehensive plan for the township.

On or about January 31, 1966, the planning commission delivered the comprehensive plan to the board of supervisors. Meetings were held on the comprehensive plan in March, and the plan was adopted in that month.

On June 2, 1966, at 3:54 p.m., there was filed in the office of the prothonotary of Chester County a petition purported to be signed by the owners of at least fifty-one percent of the assessed valuation of real estate of Honey Brook Township. The petition expressed opposition to the enactment of the proposed zoning ordinance and requested that it not be enacted into law. On the evening of June 2, 1966, between 8:00 p.m. and 10:00 p.m., the supervisors, despite the filing of the protest, enacted the zoning ordinance. By virtue of that zoning ordinance, the land owned and leased by appellants, the subject of this action, was ...


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