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EVES v. ZONING BD. OF ADJUSTMENT

401 Pa. 211 (1960)

Eves, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

September 26, 1960.

Attorney(s) appearing for the Case

Thomas E. Waters, with him Waters, Cooper & Gallager, and Schubert and Schubert, for protestants, appellants.

Thomas J. Timoney, and Foulke, Knight & Porter, for Township, appellee.

Knox Henderson, with him Charles H. Welles, 3rd, and Henderson, Wetherill & O'Hey, and Welles & Mackie, for applicant, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and EAGEN, JJ.

OPINION BY MR. JUSTICE COHEN, September 26, 1960:

These appeals, involving specifically the validity of two ordinances which amend respectively the general zoning ordinance and the zoning map of Lower Gwynedd Township, present the problem of the validity of a method of zoning aptly termed by the appellants as "flexible selective zoning."

On April 28, 1958 the Board of Supervisors of Lower Gwynedd Township adopted Ordinance 28 which

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