HIGGINS ET AL. v. TWP. OF RADNOR ET AL.

No. 766 C.D. 1973.

13 Pa.Commw. 195 (1974)

Kenneth Higgins, William Lindsay, III, and William Martin, Appellants, v. Township of Radnor and Zoning Hearing Board of Radnor Township, Appellees.

Commonwealth Court of Pennsylvania.

April 24, 1974.


Attorney(s) appearing for the Case

James S. Kilpatrick, Jr., with him Thomas J. Burke and Haws and Burke, for appellants.

Joseph A. Damico, Jr., with him Fronefield, deFuria and Petrikin, for appellees.

Argued April 1, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, April 24, 1974:

The appellees in this case, the five legal and equitable owners of a tract of land in Radnor Township, Delaware County, containing about five acres, were refused a Certificate of Occupancy for the establishment and operation of a tennis club for profit. The property is in a R-1 district of the township zoning ordinance and map, in which the use of land for the purpose intended is impermissible.

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