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CASEY v. ZONING HEARING BOARD

Appeal, No. 448 C.D. 1972.

8 Pa.Commw. 473 (1973)

Casey v. Zoning Hearing Board.

Commonwealth Court of Pennsylvania.

April 11, 1973.

Attorney(s) appearing for the Case

Robert W. Valimont, with him William B. Moyer, and Power, Bowen & Valimont, for appellant.

Peter A. Glascott, for appellee.

Argued February 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, April 11, 1973:

Appellant successfully attacked the zoning ordinance of Warwick Township under the principle established by Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970), i.e., there was no provision in the zoning ordinance for multi-family dwellings anywhere in the Township. However, the lower court, having determined that the ordinance in effect at the time of the initiation of the challenge was...

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