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COSTON v. UPPER MERION TWP. et al.

435 Pa. 67 (1969)

Coston v. Upper Merion Township (et al., Appellant).

Supreme Court of Pennsylvania.

June 27, 1969.

Attorney(s) appearing for the Case

David Berger, with him Edward Fackenthal, Knox Henderson, and Cohen, Shapiro, Berger, Polisher & Cohen, and Henderson, Wetherill & O'Hey, and Silver & Barsky, for intervenor, appellant.

Richard C. Sorlien, with him Philip D. Weiss, for plaintiff, appellees.

James E. Meneses, for township, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, June 27, 1969:

On October 11, 1965, Upper Merion Township, a Second Class Township, amended its zoning ordinances. The property of the appellant, Tri-Kell, Inc., an intervenor below, was rezoned from "R-2 Residential" (permitting only individual residences) to "HR Residential" (permitting apartments as well). Within thirty days after the effective date of the ordinance in question, the appellees...

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