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ELLISON v. MT. LEBANON TWP.

410 Pa. 188 (1963)

Ellison, Appellant, v. Mount Lebanon Township.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

John B. Nicklas, Jr. and Gustav W. Wilde, with them McCrady & Nicklas, for Ellison and Brindle, appellants.

Donald C. Winson, with him Frank L. Seamans, and Eckert, Seamans & Cherin, for Township of Mount Lebanon, appellee.

David McNeil Olds, with him G. Donald Gerlach, and Reed, Smith, Shaw & McClay, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, March 19, 1963:

Kaufmann, the intervening defendant below, is the owner of an 18 acre tract in Mt. Lebanon Township. At the time Kaufmann purchased this property it was zoned "R-1" or "R-2" Residential. In 1961 an ordinance was adopted by the Township Commissioners by a vote of 3 to 2, which rezoned a large tract or area, including 5.8 acres, of Kaufmann's total tract. The ordinance, enactment of which was opposed by many owners...

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