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EXTON QUARRIES, INC. v. ZONING BD. OF ADJ.

425 Pa. 43 (1967)

Exton Quarries, Inc. v. Zoning Board of Adjustment (et al., Appellant).

Supreme Court of Pennsylvania.

March 14, 1967.

Attorney(s) appearing for the Case

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

W. Bradley Ward, with him Edward W. Mullinix, William H. Rivoir, Jr., Robert S. Gawthrop, Jr., Robert L. Kendall, Jr., and Gawthrop & Greenwood, and Schnader, Harrison, Segal & Lewis, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 14, 1967:

This case presents issues of great difficulty and considerable significance regarding the interpretation of the zoning powers granted in The Second Class Township Code,1 and the constitutionality of certain zoning ordinances enacted pursuant to that Act.

Prior to 1953 appellee, Exton Quarries, Inc., acquired approximately 99 acres of land in West Whiteland Township of Chester County...

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