decided: March 26, 1985.
FRANK A. MCKEE AND HARRISON ARMS, INC., APPELLANTS
UPPER DARBY TOWNSHIP, APPELLEE
Appeal from the Order of the Court of Common Pleas of Delaware County in case of Frank A. McKee and Harrison Arms, Inc. v. Upper Darby Township, No. 78-18063.
Vincent B. Mancini, Kassab, Cherry and Archbold, for appellants.
Bruce A. Irvine, Fronefield and deFuria, for appellee.
Judges Rogers and Colins and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. This decision was reached prior to the resignation of Judge Williams, Jr.
[ 88 Pa. Commw. Page 376]
Frank A. McKee and Harrison Arms, Inc. (Appellants) have appealed from the Adjudication of the Court of Common Pleas of Delaware County which denied Appellants' action in equity challenging the validity of a township ordinance. The ordinance requires that all multiple dwelling units in the township be licensed by the Upper Darby Township Department of Health at a fee of $10.00 per unit. We affirm the Court's action on the comprehensive opinion of Judge William R. Toal, Jr., in McKee v. Upper Darby Township, 33 Pa. D. & C. 3d 222 (1982).
The Adjudication of the Court of Common Pleas of Delaware County, entered on October 20, 1982 at No. 78-18063, is hereby affirmed.
This decision was reached prior to the resignation of Judge Williams, Jr.
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