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BERGER ET AL. v. BD. OF SUPVRS., WHITPAIN TWP.

Nos. 1029 and 1081 C.D. 1976.

31 Pa.Commw. 386 (1977)

Henry A. Berger and Croxley Green Associates v. Board of Supervisors of Whitpain Township, Appellant. Henry A. Berger and Croxley Green Associates v. Whitpain Township, R. Patterson Mann and Five Points Civic Association. R. Patterson Mann and Five Points Civic Association, Appellants.

Commonwealth Court of Pennsylvania.

August 8, 1977.

Attorney(s) appearing for the Case

Charles A. Kerlavage, for Board of Supervisors of Whitpain Twp.

Robert J. Sugarman, with him, of counsel, Dechert, Price & Rhoads, for Mann and Five Points Residents Assoc.

John G. Kaufman and Morris Gerber, with them Marc D. Jonas and Bean, DeAngelis and Kaufman, for Henry A. Berger and Croxley Green Associates.

Argued June 7, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, August 8, 1977:

This is a zoning case. The appellees, Henry E. Berger and Croxley Green Associates, own a 50 acre tract of land located in Whitpain Township, Montgomery County, not far from Norristown. This land is an R-1 Residence District of the Whitpain Township Zoning ordinance where residential development is restricted to single family residential dwellings on lots containing a minimum of 30,000 square feet. The appellees desire to build...

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