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COMMONWEALTH OF PENNA. v. FOX.

No. 279 C.D. 1973.

16 Pa.Commw. 23 (1974)

Commonwealth of Pennsylvania, Appellant, v. Geraldine Fox, Appellee.

Commonwealth Court of Pennsylvania.

December 2, 1974.

Attorney(s) appearing for the Case

Mabel D. Sellers, with her Francis J. Tarquini, for appellant.

Cassin W. Craig, with him, of counsel, Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE BLATT, December 2, 1974:

Geraldine D. Fox (condemnee) purchased a 150.153 acre tract in Lower Providence Township (Township), Montgomery County in July of 1966. At the time of conveyance, recently enacted Township Ordinance (No. 74) provided for four different minimum lot size classifications:

(1) 40,000 square feet when neither public water nor municipal sanitary sewers are available...

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