HILLTOWN TOWNSHIP v. HORN ET UX.

Nos. 966 and 978 C.D. 1973.

13 Pa.Commw. 248 (1974)

Hilltown Township, Appellant, v. Vernon Horn and Edith Horn, His Wife, Appellees. Vernon Horn and Edith Horn, His Wife, Appellants, v. Hilltown Township, Appellee.

Commonwealth Court of Pennsylvania.

June 6, 1974.


Attorney(s) appearing for the Case

Francis X. Grabowski, for appellant-appellee, Hilltown Township.

Charles M. Marshall, with him John J. Lombard, Jr., Alan C. Kauffman, Eastburn & Gray and Obermayer, Rebmann, Maxwell & Hippel, for appellants-appellees, Vernon Horn and Edith Horn, his wife.

Argued April 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, June 6, 1974:

Vernon and Edith Horn (Horns) are the owners of a stone quarry in Hilltown Township, Bucks County, which they purchased in 1968. This quarry operation was begun in 1936. On October 30, 1959, Hilltown Township adopted a zoning ordinance by the terms of which the site of the quarry was zoned R-50, Residential Agricultural, a classification that did not permit quarries. No...

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