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  5. 19 Pa.Commw. 63 (1975)
 

PHELAN, JR., ET AL., v. ZON. BD. L. M. T., APLNT.

No. 971 C.D. 1974.

19 Pa.Commw. 63 (1975)

James J. Phelan, Jr. and Edith N. Phelan, his wife, Appellees, v. Zoning Hearing Board of Lower Merion Township. Lower Merion, Appellant.

Commonwealth Court of Pennsylvania.

May 14, 1975.

Attorney(s) appearing for the Case

Parker H. Wilson, with him Alonzo R. Horsey, and Wilson, Oehrle & Drayer, for appellant.

James J. Phelan, Jr., for appellees.

Robert S. Ryan, with him Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath, for amicus curiae, Zoning Hearing Board of Lower Merion Township.

Argued April 1, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, May 14, 1975:

This is the appeal of Lower Merion Township from an order of the Court of Common Pleas of Montgomery County declaring Section 2511.11 of the Lower Merion Township Zoning Ordinance unconstitutional. That section prohibits the construction of a tennis court in the front, rear and side yard setback areas required in residential districts in the Township.

Mr. and Mrs. James J. Phelan, Jr. without...

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