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L. GWYNEDD TWP. ET AL. v. PROVINCIAL IN. CO.

No. 1506 C.D. 1977.

39 Pa.Commw. 546 (1979)

Lower Gwynedd Township and Board of Supervisors of Lower Gwynedd Township, Appellants v. Provincial Investment Company, Appellee; Lower Gwynedd Civic Association, Intervenor.

Commonwealth Court of Pennsylvania.

January 5, 1979.

Attorney(s) appearing for the Case

Jeremiah J. Cardamone, with him Curtis Wright, and Timoney, Knox, Hasson & Weand, for appellants.

J. Peirce Anderson, with him Kane, Pugh, Anderson, Subers & McBrien, for appellee.

Gregory S. Gehn, with him Stanford S. Hunn, and Stanford S. Hunn Associates, for intervenor.

Argued September 26, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DISALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.

OPINION BY JUDGE BLATT, January 5, 1979:

This is an appeal by Lower Gwynedd Township and the Board of Supervisors of the Township (Township) from an order of the Court of Common Pleas of Montgomery County which declared the Township's zoning ordinance unconstitutional because of its failure to make provision for townhouses.

On August 14, 1975, the Provincial Investment Company (Provincial), the owner of a 111-acre tract in the Township, submitted a proposed...

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