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BUR, ET AL. v. HORSHAM TWP. SUPVRS., ET AL.

No. 263 C.D. 1975.

22 Pa.Commw. 141 (1975)

Philip W. Bur, III and Barbara M. Bur, his wife; Eric Kozbial and Martha Kozbial, his wife; Odus Lundry and Emily Lundry, his wife; Albert Way, Sr. and Katherine Way, his wife; Frank Cotagnus and Marie Cotagnus, his wife; Clarence Lepley and Marie Lepley, his wife v. Horsham Township Board of Supervisors, Ronald Mintz, Arthur Poley and Joan Poley. Philip W. Bur, III and Barbara M. Bur, his wife; Eric Kozbial and Martha Kozbial, his wife; Odus Lundry and Emily Lundry, his wife; Albert Way, Sr. and Katherine Way, his wife; Frank Cotagnus and Marie Cotagnus, his wife; Clarence Lepley and Marie Lepley, his wife, Appellants.

Commonwealth Court of Pennsylvania.

December 2, 1975.

Attorney(s) appearing for the Case

Anthony J. Guerrelli, for appellants.

Morris Gerber, Marc D. Jonas, and Berber, Davenport & Wilenzik, for appellees.

Submitted on briefs, June 12, 1975, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, December 2, 1975:

The sole issue raised in this appeal is the constitutionality of Section 1008(4) of the Pennsylvania Municipalities Planning Code,1 53 P.S. § 11008(4) (MPC), which provides that a landowner, whose use or development of land is under attack in a zoning appeal, may petition the Court of Common Pleas to order the appellants to post bond as a condition to proceeding with the appeal.

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