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DeCARO v. WASHINGTON TWP., ET AL.

No. 1477 C.D. 1974.

21 Pa.Commw. 252 (1975)

Daniel F. DeCaro and Shirley J. DeCaro, his wife, Appellants, v. Washington Township, Berks County, Pennsylvania, Hyde W. Ballard, Ralph H. Gehman and Franklin Renninger, Appellees.

Commonwealth Court of Pennsylvania.

September 23, 1975.

Attorney(s) appearing for the Case

John A. Koury, with him R. Mark Faulkner, and O'Donnell, Weiss, Mattei, Eschbach, Suchoza & Koury, for appellants.

Arthur Ed. Saylor, with him Edelman, Schaeffer, Saylor, Readinger & Poore, for appellees.

Argued June 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, September 23, 1975:

This is an appeal filed by Daniel F. DeCaro (and his wife) from a decision of the Court of Common Pleas of Berks County dismissing DeCaro's appeal from a refusal by the Washington Township Board of Supervisors to adopt a curative amendment to the Township's zoning ordinance. The sole issue presented is whether a three-acre minimum lot size zoning requirement is unconstitutional under the facts of this case. We hold that...

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