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DAIKELER v. ZON. BD. of ADJ. of MONTG. TWP.

1 Pa.Commw. 445 (1971)

Raymond Daikeler and Bert C. Daikeler, trading and doing business as Daikeler Associates v. Zoning Board of Adjustment of Montgomery Township, Montgomery County, Pennsylvania.

Commonwealth Court of Pennsylvania.

March 19, 1971.

Attorney(s) appearing for the Case

Edward J. Hardiman, with him Pearlstine, Salkin, Hardiman, Robinson, Hunn & Meinzer, for appellant.

John P. Knox, with him Curtis Wright, and Stefan Timoney, Knox & Avrigian, for appellee.

Argued October 6, 1970, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).

OPINION BY JUDGE CRUMLISH, JR., March 19, 1971:

This Court by virtue of the Appellate Jurisdiction Act of 1970 has before it an appeal from the Court of Common Pleas of Montgomery County which sustained the Montgomery Township Board of Adjustment.

The contention advanced by appellants is that an ordinance which purports to regulate the use of off-premises advertising signs in a township but does in fact arbitrarily and unreasonably prohibit the use is therefore...

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