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MEDINGER APPEAL

377 Pa. 217 (1954)

Medinger Appeal.

Supreme Court of Pennsylvania.

March 24, 1954.

Attorney(s) appearing for the Case

David E. Groshens, with him John E. Landis, for appellant.

Harold W. Spencer, with him Wright, Mauck, Hawes & Spencer, for appellees.

James S. Clifford, Jr. and John E. Forsythe, Solicitor of Lower Merion Township, filed a brief for amicus curiae.

William F. Bohlen and Robert V. Massey, Jr. filed a brief for amicus curiae.

Frederick A. VanDenbergh, Jr., Joseph P. Flanagan, Jr. and Saul, Ewing, Remick & Saul, filed a brief for amicus curiae.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, March 24, 1954:

A narrow question is presented in this zoning appeal. Was the sliding scale of minimum habitable floor area which varied in different districts of the township constitutional?

A Zoning Ordinance, No. 309, dated December 16, 1940, as amended August 11, 1948, passed pursuant to the enabling Act of June 24, 1931, as amended by the Act of May 27, 1949*

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