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COMMONWEALTH v. BUCKS COUNTY (04/03/73)

decided: April 3, 1973.

COMMONWEALTH, ET AL.
v.
BUCKS COUNTY, ET AL.



Appeal from the Order of the Court of Common Pleas of Bucks County in case of Commonwealth of Pennsylvania and Bucks County Interfaith Housing Corporation, a non-profit corporation, Suburban Action Institute, a non-profit corporation, Individually and on behalf of others similarly situated, and Joaquim Pagan, David Counterman, Willie Earl Tripp, Suzie Cummings, Richard Erb, Ramona Morales Serrano, Antonio Diaz, Jeanne Cotton, Francisco Vasquez, Juan del Carmen, Pedro Ortiz, James White, Olivia Moffitt, individually and on behalf of others similarly situated v. County of Bucks and Walter S. Farley, Jr., Charles M. Meredith, III, and William B. Warden, County Commissioners, Individually and on behalf of others similarly situated, and Bucks County Planning Commission and Harold O. Gross, Jr., Hobart G. Biehn, A. Marlyn Moyer, Jr., Mildred T. Imrie, Joseph Barness, George A. Beech, Jr., William F. Greenawalt, Joseph C. Elder, Sr., Elinore R. Ridge, members of the Bucks County Planning Commission and Bucks County Housing Authority and all the Municipalities of Bucks County, No. 3385 May Term, 1971. Transferred from the Supreme Court of Pennsylvania to the Commonwealth Court of Pennsylvania, May 30, 1972.

COUNSEL

Stephen C. Miller, Assistant Attorney General, with him Barry Kohn, Assistant Attorney General, for appellant, Commonwealth.

David H. Moskowitz, with him Weis, Nelson & Moskowitz, Lorry W. Post, and, of counsel, Jan Krasnowiecki, Richard Bellman and Denison Ray, for appellants, Interfaith, et al.

George T. Kelton, with him Thomas J. Profy, III, Richard M. Snyder, and Begley, Carlin, Mandio, Kelton & Popkin, for appellees, Bucks County Housing Authority, Borough of Bristol, Borough of Langhorne Manor and Township of Lower Makefield.

John Philip Diefenderfer, with him Stuckert, Yates & Krewson, for appellees, Newtown Borough and Newtown Township.

Stephen B. Harris, with him Harris & Harris, for appellee, Dublin Borough.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Concurring Opinion by President Judge Bowman. Dissenting Opinion by Judge Kramer.

Author: Per Curiam

[ 8 Pa. Commw. Page 298]

President Judge Satterthwaite of the Court of Common Pleas of Bucks County ably and thoroughly discusses and disposes of the issues raised. We affirm the order of the lower court upon his opinion reported in 22 Bucks Co. L. Rep. 179 (1972).

Disposition

Affirmed.

[EDIT ] Concurring Opinion by President Judge Bowman:

A multi-class action in equity seeking unprecedented judicial interference in and arrogation over the planning and zoning affairs of every local government in Bucks County, the county itself and their related boards and commissions in performance of their powers and duties as conferred and imposed upon them by the legislative branch of the government of this Commonwealth impels judicial restraint in cases such as this where the justiciable issue, while postulated upon alleged violations of constitutional ...


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