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FURNISS v. LOWER MERION TOWNSHIP

412 Pa. 404 (1963)

Furniss, Appellant, v. Lower Merion Township.

Supreme Court of Pennsylvania.

November 12, 1963.

Attorney(s) appearing for the Case

Desmond J. McTighe, with him Philip D. Weiss, and Duffy, McTighe & McElhone, for appellants.

Edmund B. Spaeth, Jr., with him John E. Forsythe, Township Solicitor, and Wright, Spencer, Manning & Sagendorph, for Township, appellee.

Robert L. Trescher, with him Arthur H. Moss, Cassin W. Craig, and Montgomery, McCracken, Walker & Rhoads, and Wisler, Pearlstine, Talone & Gerber, for applicant, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, November 12, 1963:

Neighboring property owners petitioned the Court of Common Pleas of Montgomery County to declare an ordinance invalid* because the permit for an apartment house constituted ad hoc rezoning of 40 acres, and because it constituted a flagrant violation of the applicable Township Comprehensive Plan especially in regard to the density of population as set forth in the plan. The Planning...

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