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GRAVATT v. BORO. OF LATROBE ET AL.

No. 2352 C.D. 1977.

44 Pa.Commw. 475 (1979)

James Gravatt, III, Appellant v. Borough of Latrobe and Latrobe Board of Adjustment, Appellees.

Commonwealth Court of Pennsylvania.

July 26, 1979.

Attorney(s) appearing for the Case

William C. Stillwagon, for appellant.

Robert P. Lightcap, with him Charles C. Mason, Jr., and Lightcap, McDonald & Moore, for appellee.

Argued November 2, 1978, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three. Reargued June 5, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, CRAIG and MacPHAIL. Judges BLATT and DiSALLE did not participate.

OPINION BY JUDGE WILKINSON, JR., July 26, 1979:

With commendable candor Counsel for both sides have presented for the decision of this Court the raw question: Can a zoning ordinance be constitutional when it excludes mobile homes from certain districts, permitting them in other districts, on the sole ground the mobile home "travels" to its permanent site on its own running gear? In all other respects the mobile home conforms to the requirements of a single family...

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