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WYNNEWOOD CIVIC ASS. v. LOWER MERION

175 Pa.Super. 20 (1954)

Wynnewood Civic Association v. Lower Merion Township, Appellant.

Superior Court of Pennsylvania.

January 19, 1954.

Attorney(s) appearing for the Case

John E. Forsythe, with him James S. Clifford, Jr., Edmund B. Spaeth, Jr., and Wright, Mauck, Hawes & Spencer, for appellant.

Francis L. Van Dusen, with him M. Carton Dittmann, Jr., Howard H. Rapp, Edwin W. Semans, Robert H. Young and Desmond J. McTighe, for appellees.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.

OPINION BY WOODSIDE, J., January 19, 1954:

This appeal involves a dispute over the proper procedure to be followed in testing the legality of a zoning ordinance.

On December 8, 1952, the Commissioners of Lower Merion Township, a township of the first class in Montgomery County, enacted an ordinance amending the township's zoning ordinance of 1927 by a vote of 9 to 4 (one Commissioner abstaining). The ordinance changed the designation of a certain tract of...

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