COHEN, APLNT. v. FORD, ET AL.

No. 1151 C.D. 1974.

19 Pa.Commw. 417 (1975)

Sidney Cohen, Appellant, v. John J. Ford, Meade E. Green, Jr., Robert C. Gwin, Carl R. Bricker and N. Ray Fisher, constituting the Township Commissioners of the Township of Hampden, Cumberland County, Pa. and Township of Hampden Planning Commission and Charles Kemberling, Township Manager and Zoning Officer and Joseph R. Flood, et al., Intervenors, Appellees.

Commonwealth Court of Pennsylvania.

June 3, 1975.


Attorney(s) appearing for the Case

Lenard L. Wolffe, with him Stanley A. Uhr, Marc D. Brookman, Pechner, Sacks, Dorfman, Rosen & Richardson, John B. Mancke and Meyers & Desfor, for appellant.

Robert D. Myers, with him Myers & Potteiger, for appellees.

Jerome T. Foerster, with him Richard W. Cleckner and Cleckner and Fearen, for intervening appellees.

Argued February 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.


OPINION BY JUDGE CRUMLISH, JR., June 3, 1975:

This is an appeal by a landowner from an order of the Court of Common Pleas of Cumberland County which denied, after a jury trial, a writ of mandamus to compel Hampden Township to issue zoning and building permits for a townhouse development proposed by Appellant which use is permitted as a conditional use in an R-1 residential zone of Hampden Township. The lower court ordered approval of Appellant's final subdivision...

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