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McCAHILL v. BOROUGH OF FOX CHAPEL

No. 18940.

438 F.2d 213 (1971)

David I. McCAHILL, Appellant, v. BOROUGH OF FOX CHAPEL, a Municipal corporation.

United States Court of Appeals, Third Circuit.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Gilbert E. Morcroft, Pittsburgh, Pa., for appellant.

Rex Rowland, Buchanan, Ingersoll, Rodenwald, Kyle & Buerger, Pittsburgh, Pa. (M. Bruce McCullough, Pittsburgh, Pa., on the brief) for appellee.

Before ALDISERT, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A 1938 zoning ordinance in the Pennsylvania borough of Fox Chapel providing for a minimum lot size of three acres was amended in 1964 to permit lots of two acres if drawn from a nine-acre tract. Appellant owns a parcel of 4.2568 acres. He contends that the ordinance and its amendment prevent his lawful utilization of his land and thus amount to an unconstitutional taking under the Fifth and Fourteenth Amendments...

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