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J. RICHARD FRETZ AND ELIZABETH FRETZ v. HILLTOWN TOWNSHIP BOARD SUPERVISORS (12/09/75)

decided: December 9, 1975.

J. RICHARD FRETZ AND ELIZABETH FRETZ, HIS WIFE, APPELLANTS
v.
HILLTOWN TOWNSHIP BOARD OF SUPERVISORS, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County in case of J. Richard Fretz and Elizabeth Fretz, his wife, v. Hilltown Township Board of Supervisors, No. 73-3958-03-6.

COUNSEL

Charles S. Wilson, with him Charles S. Wilson & Associates, for appellee.

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

Author: Mencer

[ 22 Pa. Commw. Page 277]

Appellants, J. Richard Fretz and Elizabeth Fretz, are owners of a tract of land comprising some 67.77 acres in Hilltown Township, Bucks County. They appeal to this Court from the decision of the Court of Common Pleas of Bucks County dismissing their appeal from a decision of the Board of Supervisors of Hilltown Township (Board). The Board denied appellants' petition to have their land rezoned to permit the construction of multifamily dwellings. We are constrained to affirm, though

[ 22 Pa. Commw. Page 278]

    on different grounds, the dismissal of this appeal by the court below.

On January 4, 1973, appellants entered before the Board a document entitled:

"PETITION OF PROPERTY OWNERS FOR CHANGE IN ZONING MAP UNDER ARTICLE XV, AMENDMENT SECTION 1500 OF THE ZONING ORDINANCE OF 1970."*fn1

In this petition they stated:

"3. Your petitioners request that the premises hereinbefore described be rezoned and be designated as a MF Residential District." (Emphasis supplied.)

The Board, after a hearing held on April 12, 1973, denied this request on April 21, 1973. Appellants sought review by the court below on the ground ...


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