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VALLEY GREENE ASSOCIATES v. BOARD SUPERVISORS TREDYFFRIN TOWNSHIP (08/01/84)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 1, 1984.

VALLEY GREENE ASSOCIATES, APPELLANT
v.
THE BOARD OF SUPERVISORS OF TREDYFFRIN TOWNSHIP, APPELLEE

Appeal from the Order of the Court of Common Pleas of Chester County in case of Valley Greene Associates v. The Board of Supervisors of Tredyffrin Township, No. 444 June Term, 1982.

COUNSEL

William R. Hagner, Hagner & Williams, for appellant.

John S. Halsted, Gawthrop, Greenwood & Halsted, for appellee.

President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Palladino. Opinion by Judge Craig.

Author: Craig

[ 84 Pa. Commw. Page 315]

Valley Greene Associates appeals from a decision of the Court of Common Pleas of Chester County, which dismissed Valley Greene's appeal from a decision of the Board of Supervisors of Tredyffrin Township. The board had rejected Valley Greene's proposed curative amendment to the township's zoning ordinance.

We must determine whether the zoning ordinance's provision for twin dwellings has an exclusionary, and therefore unconstitutional, effect. Valley Greene contends that the ordinance is exclusionary because (1) it allocates too little of the available area for twin-dwelling development, (2) the area zoned for twins is so fully developed that the practical opportunity for new twin construction does not exist, and (3) the minimum area requirement for each twin dwelling is unduly restrictive.*fn1

Valley Greene presented essentially the same contentions to the court of common pleas, and, persuaded by Judge Gawthrop, III's thorough analysis,*fn2 we affirm

[ 84 Pa. Commw. Page 316]

    on the basis of his capable opinion in Valley Greene Associates v. Board of Supervisors of Tredyffrin Township, Pa. D. & C.3d (1983).

Order

Now, August 1, 1984, the order of the Court of Common Pleas of Chester County, dated February 17, 1983, is affirmed.

Disposition

Affirmed.


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