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BARTH v. GORSON

383 Pa. 611 (1956)

Barth, Appellant, v. Gorson.

Supreme Court of Pennsylvania.

January 4, 1956.

Attorney(s) appearing for the Case

John E. Walsh, Jr., with him C. Laurence Cushmore, Jr., and White, Williams & Scott, for appellants.

James L. Stern, Deputy City Solicitor and Marcus Manoff, with them Abraham L. Freedman, City Solicitor, Karl I. Schofield, Assistant City Solicitor, Robert McCay Green, and Dilworth, Paxson, Kalish & Green, for appellees.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 4, 1956:

Where the constitutionality of a zoning ordinance is questioned, should the procedure be in equity or by statute? The learned court below ruled that the statutory provisions must be strictly pursued and exclusively applied. An appeal followed.

Paul A. Barth, Jr., and wife, plaintiffs, are owners of a single dwelling and lot located on the northwest

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