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CLEAVER v. BOARD OF ADJUSTMENT

414 Pa. 367 (1964)

Cleaver v. Board of Adjustment, Appellant.

Supreme Court of Pennsylvania.

May 11, 1964.

Attorney(s) appearing for the Case

Guy G. deFuria, with him Robert S. Gawthrop, William H. Rivoir, Jr., and deFuria, Larkin & deFuria and Gawthrop & Greenwood, for appellant.

John O. Platt, Jr., with him MacElree, Platt, Marrone & Harvey, for appellees.

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

OPINION BY MR. CHIEF JUSTICE BELL, May 11, 1964:

The question involved is the validity and constitutionality of the amended zoning ordinance of Tredyffrin Township, Chester County.*

An equally divided Board of Adjustment affirmed ex necessitate** the issuance of a building permit for the erection of a garden type of apartment to the present intervenor appellants. Thereafter the Court of Common Pleas...

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