ARCGVUSGIO O'HARAS APPEAL


389 Pa. 35 (1957)

Archbishop O'Hara's Appeal.

Supreme Court of Pennsylvania.

April 26, 1957.


Attorney(s) appearing for the Case

James E. Gallagher, Jr., with him William F. Fox, Fox, Differ & Honeyman and Stradley, Ronon, Stevens & Young, for appellant.

Samuel L. Sagendorph, for intervenors-appellees.

Samuel H. High, Jr., for Cheltenham Township, intervenor-appellee.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, April 26, 1957:

The language of former Chief Justice STERN in Devereux Foundation, Inc., Zoning Case, 351 Pa. 478, 479, 41 A.2d 744, is particularly applicable to this appeal: "We are here called upon to deal with a type of controversy in which two interests, each in itself legitimate and wholly commendable, come into conflict merely by reason of the proximity of their locations...

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