BD. SUP. U. FRDK. TP., APLT. v. MOLAND DV. CO.

Nos. 522, 523 and 537 C.D. 1974.

19 Pa.Commw. 207 (1975)

Board of Supervisors of Upper Frederick Township, Appellant, v. Moland Development Company, Inc., Appellee. Moland Development Company, Inc., Appellant, v. Board of Supervisors of Upper Frederick Township, Appellee.

Commonwealth Court of Pennsylvania.

May 23, 1975.


Attorney(s) appearing for the Case

Willard C. Hetzel, with him David B. Fitzgerald, for Board.

J. Edmund Mullin, for Moland Development Company.

Argued March 31, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate.


OPINION BY JUDGE WILKINSON, May 23, 1975:

Three appeals are consolidated here for our disposition. All revolve around one central issue: Is Upper Frederick Township Ordinance 60-1 a proper exercise of the authority granted to the Township by the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, 53 P.S. § 65101 et seq., or is the ordinance, as Moland Development Company (Moland...

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