GERSTLEY v. CHELTENHAM TWP. COMRS.

Appeals, Nos. 553 C.D. 1972 and 554 C.D. 1972.

7 Pa.Commw. 409 (1973)

Gerstley, et al. v. Cheltenham Township Commissioners, et al. Rossman, et al. v. Cheltenham Township Commissioners, et al.

Commonwealth Court of Pennsylvania.

January 26, 1973.


Attorney(s) appearing for the Case

Herbert D. Rossman, for appellants.

Morris Gerber, with him Richard Watt, Samuel H. High, Jr., Gerber, Davenport & Wilenzik, and High, Swartz, Roberts & Seidel, for appellees.

Argued December 6, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, January 26, 1973:

On December 30, 1969, the Board of Commissioners of Cheltenham Township passed two ordinances which rezoned two tracts of land from R-3 (single homes) to M-2 (high-rise multiple dwellings). One tract of land is owned by Marvin Orleans and Albert A. Toll, trading as Elkins Park House, and the other is owned by Orleans individually.

On January 29, 1970, three appeals...

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