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H & R B., INC. v. BORO. C., NORWOOD

No. 493 C.D. 1988.

124 Pa.Commw. 88 (1989)

555 A.2d 948

H & R Builders, Inc., Appellant v. The Borough Council of The Borough of Norwood, Appellee.

Commonwealth Court of Pennsylvania.

March 9, 1989.

Attorney(s) appearing for the Case

John P. Trevaskis, Jr., with him, Richard C. Slama, Jr., for appellant.

Barry C. Dozor, with him, Marnie L. Burk, for appellee.

Argued December 15, 1988, before Judges CRAIG and BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 9, 1989:

This court must now revisit the question of whether a zoning ordinance which totally prohibits townhouses, while allowing other classes of multi-family dwellings, is invalid as de jure exclusionary in the absence of a specific police power justification being established by the municipality, without the necessity of applying the "fair share" test laid down for de facto exclusions in Surrick v. Zoning Hearing...

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