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WHITPAIN TOWNSHIP v. BODINE

372 Pa. 509 (1953)

Whitpain Township v. Bodine, Appellant.

Supreme Court of Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

Samuel H. High, Jr., with him High, Swartz, Childs & Roberts, for appellants.

Federico F. Mauck, with him Wm. Perry Manning, Jr., and Wright, Mauck, Hawes & Spencer, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, February 13, 1953:

This is an appeal from the decree of the court below enjoining defendant's use of his land as a "piggery."

Under authority given by The Second Class Township Law of 1933, P.L. 103, as amended, 53 PS § 19093-2001, et seq., plaintiff-township passed a zoning ordinance, effective June 7, 1950, providing that: "No piggeries.. . will be permitted within the residential...

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