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ELLER v. BOARD OF ADJUSTMENT

414 Pa. 1 (1964)

Eller v. Board of Adjustment, Appellant.

Supreme Court of Pennsylvania.

March 26, 1964.

Attorney(s) appearing for the Case

Theodore O. Rogers, with him James E. O'Neill, and Rogers & O'Neill, for appellant.

Ralph W. Kent, with him D. Barry Buckley, and Perna & Delduco, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 26, 1964:

James C. Eller and his wife own approximately 13 acres of land in London Britain Township, Chester County. The Ellers purchased the property in 1951 and, since that time, have been engaged in raising mushrooms. At the time of the purchase, the land was improved with a house, a barn, some chicken houses, and a double mushroom house.

In 1952, the township enacted a zoning...

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