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HOPEWELL TWP. BD. OF S. ET AL. v. GOLLA ET AL.

No. 2575 C.D. 1979.

58 Pa.Commw. 572 (1981)

Hopewell Township Board of Supervisors and Hopewell Township Zoning Hearing Board, Appellants v. Edward B. Golla and Elizabeth M. Golla, his wife et al., Appellees.

Commonwealth Court of Pennsylvania.

April 21, 1981.

Attorney(s) appearing for the Case

Gilbert G. Malone, Ports, Beers, Feldmann & Malone, for appellant, Hopewell Township Board of Supervisors.

John W. Thompson, with him William Poole, Shoemaker and Thompson, for appellant, Hopewell Township Zoning Hearing Board.

Edward B. Golla, for appellees.

Argued September 10, 1980 and reargued December 10, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.

OPINION BY JUDGE CRAIG, April 21, 1981:

Hopewell Township, in York County, has appealed from the Court of Common Pleas of York County, which held certain agricultural zone provisions of the Hopewell Township Zoning Ordinance (Ordinance) to be unconstitutional.

In 1968, Edward B. Golla and Elizabeth M. Golla, husband and wife, purchased a 140-acre farm in Hopewell Township. On December 29, 1976, they...

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