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ROOSEVELT DRIVE-IN TH. v. MIDDLETOWN TWP.

No. 73-044-09-5.

67 Pa. D. & C. 2d 561 (1974)

Roosevelt Drive-In Theatre, Inc. v. Middletown Township

Common Pleas Court of Bucks County, Pennsylvania.

May 2, 1974.

Attorney(s) appearing for the Case

Oscar S. Bortner, for plaintiff.

Allen A. Pechter, for defendant.

Before Monroe, Mountenay and Rufe, JJ.

RUFE, J., May 2, 1974.

Middletown Township in Bucks County enacted an ordinance prohibiting and penalizing as a nuisance the open display of nudity and sexual conduct. The Roosevelt Drive-In Theatre, a drive-in theater operating in the township, seeks to enjoin the enforcement of the ordinance because its lease may be terminated in the event it allows or permits a nuisance to be conducted upon the leased premises. The parties have prepared and filed a stipulation...

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