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ARDMORE MANOR CIVIC ASSOCIATION ET AL. v. TOWNSHIP HAVERFORD (05/13/71)

decided: May 13, 1971.

ARDMORE MANOR CIVIC ASSOCIATION ET AL.
v.
THE TOWNSHIP OF HAVERFORD, AND INTERVENOR JOHN BUCKLEY



Appeal from the judgment of the Court of Common Pleas of Delaware County, No. 5087, 1970 Term, in case of Ardmore Civic Association et al. v. The Township of Haverford.

COUNSEL

David S. Markson, with him Walter M. Strine, William J. Taylor, Samuel C. Harry and Morgan, Lewis & Bockius, for appellants.

Robert James Jackson, with him Domenic D. Jerome and James A. McGoldrick, for appellee.

Robert E. J. Curran, with him Robert James Jackson and Kassab, Cherry, Curran & Archbold, for intervenor-appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge de Furia.

Author: Wilkinson

[ 2 Pa. Commw. Page 163]

Defendants move for summary judgment on the record.

Intervenor, John Buckley, had filed an application for rezoning with the Commissioners of Haverford Township.

A public hearing, after due notice, was held on October 20, 1969. Thereafter, notice of a "continued" public hearing to consider amendments was given and the hearing held on February 10, 1970. Finally, two zoning ordinances were adopted at the meeting of the Commissioners on April 13, 1970.

Plaintiffs filed a Complaint under the Municipalities Planning Code (53 P.S. 10910, Suppl. 1970) contesting the procedure in adopting said ordinances. Defendants filed Preliminary Objections which, after argument, were disposed of by this Court by Opinion of October 30, 1970.

Plaintiffs did admit due notice and hearing on the original application for rezoning on October 20, 1969. (Paragraph 23, Complaint, and Exhibit D.)

As to the hearing of February 10, 1970, the only allegation of Plaintiffs was that the appellant had not asked for amendments, and that this failure somehow rendered the proceedings improper. But, there is no ...


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