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TOWNSHIP OF EXETER v. ZONING HEARING BD.

No. 65 MAP 2007.

962 A.2d 653 (2009)

TOWNSHIP OF EXETER v. ZONING HEARING BOARD OF EXETER TOWNSHIP and Land Displays, Inc. Appeal of Land Displays, Inc.

Supreme Court of Pennsylvania.

Decided January 22, 2009.

Attorney(s) appearing for the Case

Charles Bernard Haws, Esq., Charles F. Fitzpatrick, Esq., Barley Snyder, L.L.C., Reading, for Land Displays, Inc.

Victor F. Cavacini, Esq., Gross, McGinley, LaBarre & Eaton, L.L.P., Allentown, for amicus curiae Adams Outdoor Advertising, Inc.

Leslie M. Gerstein, Esq., H.A. Steen Industries, Inc., for amicus curiae H.A. Steen Industries, Inc.

Vincent B. Mancini, Esq., Law Offices of Vincent B. Mancini & Associates, Media, for amicus curiae Keystone Outdoor Advertising, Inc.

George Charles Balchunas, Esq., Kozloff Stoudt, P.C., Wyomissing, for amicus curiae Outdoor Advertising Association of Pennsylvania.

Andrew J. Bellwoar, Esq., Michael George Crotty, Esq., Siana, Bellwoar & McAndrew, L.L.P., Chester Springs, for Township of Exeter.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

In this appeal, we consider a challenge to the substantive validity of a local zoning ordinance that prohibits signs from exceeding a size of 25 square feet. For the reasons that follow, we conclude that the Zoning Hearing Board of Exeter Township ("Board") did not err in determining that ordinance is a de facto exclusion of billboards. Accordingly, we reverse the order of the Commonwealth Court and remand this...

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