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RUSSIAN ORTHODOX CHURCH APPEAL

397 Pa. 126 (1959)

Russian Orthodox Church Appeal.

Supreme Court of Pennsylvania.

June 30, 1959.

Attorney(s) appearing for the Case

Carl M. Kerchner, with him Angel & Kerchner, for appellant.

J. Frank Kelker, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE COHEN, June 30, 1959:

Appellant purchased some eighty-eight acres of land in the so-called Sunflower District of Rochester Township, Beaver County, Pennsylvania, and wishes to use this land as a cemetery.

The Township of Rochester has a zoning ordinance which divides the township into three districts. With regard to the Sunflower District, Section 100 provides, "The Sunflower District is zoned primarily for residential and agricultural...

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