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BILBAR CONST. CO. v. EASTTOWN TWP. BD. OF A.

393 Pa. 62 (1958)

Bilbar Construction Company, Appellant, v. Easttown Township Board of Adjustment.

Supreme Court of Pennsylvania.

May 2, 1958.

Attorney(s) appearing for the Case

Robert K. Greenfield, with him Thomas F. Devine, and Thomas A. Riley, Folz, Bard, Kamsler, Goodis & Greenfield, for appellants.

Theodore O. Rogers, for Easttown Township Board of Adjustment, appellee.

Harold E. Kohn, with him William H. Mitman, and Dilworth, Paxson, Kalish & Green, for intervening appellees.

Frederick H. Spotts, with him Pepper, Bodine, Frick, Scheetz & Hamilton, for amicus curiae.

David W. Craig, with him John E. Forsythe, John O. Platt, Jr., Moorhead & Knox, MacCoy, Evans & Lewis, and MacElree & Platt, for amici curiae.

C. Brewster Rhoads, with him Carl H. Anderson, Robert L. Trescher, and Montgomery, McCracken, Walker & Rhoads, for amicus curiae.

C. Brewster Rhoads, with him C. Russell Phillips, Walter W. Rabin, H. Mark Solomon, and Montgomery, McCracken, Walker and Rhoads, for amicus curiae.

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

OPINION BY MR. CHIEF JUSTICE JONES, May 2, 1958:

Tredyffrin Construction Co. and its grantee, Bilbar Construction Company, have separately appealed from the order of the court below sustaining the action of the Zoning Board of Adjustment of Easttown Township, Chester County, which, in turn, had affirmed the Zoning Officer's refusal of Tredyffrin Construction Co.'s application for a building permit. The applicant sought permission to erect a dwelling on a specified...

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