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APPEAL OF RALPH W. CONNELLY, INC.

No. 1519 C.D. 1974.

19 Pa.Commw. 110 (1975)

In Re: Appeal of Ralph W. Connelly, Inc. v. Board of Supervisors of Highland Township. Highland Township, Appellant.

Commonwealth Court of Pennsylvania.

May 16, 1975.

Attorney(s) appearing for the Case

William J. Taylor, with him Richard J. Sabat, Franklin L. Gordon, Gordon & Ashton, and, of counsel, Morgan, Lewis & Brockius, for appellant.

John E. Good, for appellee.

Argued April 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, May 16, 1975:

This is an appeal filed by Highland Township (Township) from an order of the Court of Common Pleas of Chester County, dated October 18, 1974, which declared Article II, Section 202.1 of the Township ordinance, requiring a minimum lot area of three acres for a single-family dwelling in a Rural-Agricultural District, to be unconstitutional as applied to the property of Ralph W. Connelly, Inc., and which stated that the lower court...

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