HESS ET AL., APLNTS., v. UPP. OXFORD TWP.

No. 126 C.D. 1974.

17 Pa.Commw. 399 (1975)

Clay C. Hess and Ivan W. Hess, M.D., Appellants, v. Upper Oxford Township, Appellee.

Commonwealth Court of Pennsylvania.

February 11, 1975.


Attorney(s) appearing for the Case

Clarke F. Hess, with him Butera & Detwiler, for appellants.

Eric S. Coates, for appellee.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY CRUMLISH, JR., J., February 11, 1975:

Clay C. Hess and Ivan W. Hess (Appellants) are the owners of a 56.5 acre undeveloped tract of land located at the intersection of Street Road and Route 10 in Upper Oxford Township, Chester County. The tract is presently zoned R-1 Residential under Article IV of the Upper Oxford Township Zoning Ordinance of 1968. Within this classification, which encompasses three-quarters of the township, residential development is...

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