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WAYNESBORO. CORP. v. E. TOWN TWP., ET AL.

No. 474 C.D. 1975.

23 Pa.Commw. 137 (1976)

Waynesborough Corporation v. The Easttown Township Zoning Hearing Board, Easttown Township. Easttown Township, Appellant.

Commonwealth Court of Pennsylvania.

January 30, 1976.

Attorney(s) appearing for the Case

John S. Halsted, with him Gawthrop & Greenwood, for appellant.

William J. Fuchs, with him Gordon L. Keen, Jr., and Obermayer, Rebmann, Maxwell & Hippel, for appellee.

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

OPINION BY JUDGE MENCER, January 30, 1976:

Easttown Township (Township) has appealed from a decision of the Court of Common Pleas of Chester County which declared unconstitutional that portion of the Township Zoning Ordinance 109 limiting the construction of multifamily dwellings to a district known as "Apartment-Office-Research" (AOR). The court below also granted the request of appellee, Waynesborough Corporation (Waynesborough), for a building permit subject to...

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