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HENRY WOODRUFF AND DOROTHY WOODRUFF v. TOWNSHIP LOWER SOUTHAMPTON (08/06/82)

decided: August 6, 1982.

HENRY WOODRUFF AND DOROTHY WOODRUFF, APPELLANTS
v.
TOWNSHIP OF LOWER SOUTHAMPTON, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County in case of Township of Lower Southampton v. Henry Woodruff and Dorothy Woodruff, No. 2564 May Term, 1964.

COUNSEL

E. Dillwyn Darlington, for appellants.

Pamela R. Reiss, Lawler & Gonzales, for appellee.

Judges Craig, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Doyle. Judge Mencer did not participate in the decision in this case.

Author: Doyle

[ 68 Pa. Commw. Page 172]

Henry Woodruff and Dorothy Woodruff (Appellants) operate a marine supply business, engaged primarily in the resale of used articles, on Brownsville Road in Lower Southampton Township (Township) in Bucks County. In 1964, the Township brought a complaint in equity against Appellants. That complaint alleged that the premises was being used as a junkyard in violation of Section 809 of the Lower Southampton Township Zoning Ordinance.*fn1 On January 16, 1967 a

[ 68 Pa. Commw. Page 173]

    final order was entered which enjoined Appellants from violating Section 809 of the zoning ordinance, and directed Appellants to remove from their premises and thereafter keep the property free from:

(a) All empty containers;

(b) All scrap metal, glass, bits of lumber, and other similar waste materials;

(c) All machinery and equipment which is partially or totally dismantled;

(d) All articles of every kind and description as to which there is no reasonable likelihood of resale in present form, for the ...


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