COX v. NEW SEWICKLEY TWP.

Appeals, Nos. 73 C.D. 1971 and 74 C.D. 1971.

4 Pa.Commw. 28 (1971)

Cox v. New Sewickley Township. Pavelek et al. v. New Sewickley Township.

Commonwealth Court of Pennsylvania.

December 16, 1971.


Attorney(s) appearing for the Case

Alfred L. Steff, Jr., with him Wallover, Scalera, Reed & Steff, for appellants.

Harvey R. Robinson, with him Luce, Robinson & Tosh, for appellees.

Argued October 19, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE WILKINSON, December 16, 1971:

The appellants in these two cases challenge the constitutionality of the provisions of the New Sewickley Township Junk Dealer and Junk Yard Ordinance of 1968. The Board of Supervisors passed this ordinance under the authority of Article VII, Section 702, Clause LVIII of the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, 53 P.S. § 65758. Immediately following its enactment on June 13, 1968,...

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