BD. OF SUPVRS. OF BUCK. T. ET AL. v. BARNESS ET AL.

Nos. 1941.

33 Pa.Commw. 364 (1978)

Board of Supervisors of Buckingham Township, Land Use Task Force, and Commonwealth of Pennsylvania, Department of Environmental Resources, Appellants v. Herbert and Irma Barness, his wife; Joseph A. and Norma J. Ciccone, his wife; John F., Jr. and Della E. Enders, his wife; and William J. Shedden, Jr.; Donald Greenberg, Benjamin Sedman, Herbert Burstein, Dr. Alvin Smith, Alvin Neinburg, Individuals t/a Fairway-Smith Associates; Claude J. Schlanger; and Robert H. Yaroschuk and Patricia Yaroschuk, his wife, Appellees.

Commonwealth Court of Pennsylvania.

January 25, 1978.


Attorney(s) appearing for the Case

George M. Bush, with him Albert L. Blackman, Jr., and Hartzel and Bush, for Board of Supervisors of Buckingham Township.

Thomas J. Oravetz, Deputy Attorney General, with him Keith Welks, Assistant Attorney General, for Commonwealth.

Richard P. McBride, with him Power, Bowen & Valimont, for Barness, Ciccone, Greenberg, Sedman, Burstein, Smith, Neinburg, t/a Fairway-Smith Associates, and Yaroschuk.

John A. VanLuvanee, with him William H. Eastburn, III, and Eastburn and Gray, for Enders, Shedden and Schlanger.

Olan B. Lowrey, for The Land Use Task Force.

Hershel J. Richman, for amicus curiae, Bucks County and Bucks County Planning Commission.

Fronefield Crawford, Jr., for amicus curiae, Philadelphia Chapter, American Institute of Planners.

Argued October 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.


OPINION BY JUDGE ROGERS, January 25, 1978:

The Court of Common Pleas of Bucks County sustained the zoning appeals of seven owners of seven tracts of land in Buckingham Township from the action of the township supervisors dismissing the landowners' challenges to the validity of the township zoning ordinance and refusing their requests for curative amendments.1 The landowners challenged the validity of the zoning ordinance on the ground...

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