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SAYLOR v. DRAYTON

421 Pa. 622 (1966)

Saylor, Appellant, v. Drayton.

Supreme Court of Pennsylvania.

June 24, 1966.

Attorney(s) appearing for the Case

H. Durston Saylor, II, with him John J. Dautrich, for protestants, appellants.

Robert S. Ryan, with him Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath, for zoning board, appellee.

Joseph F. Keener, Jr., with him Elkins Wetherill, and Henderson, Wetherill & O'Hey, for property owners, intervenor-appellees.

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

OPINION PER CURIAM, June 24, 1966:

The Court being equally divided, the order of the lower court is affirmed.

Mr. Justice JONES took no part in the consideration or decision of this case.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

In my view, the variance granted by the court below was grounded on a misapprehension of law and should be set aside and the case remanded for consideration under the correct standard.

The record discloses...

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