FPA CORPORATION APPEAL

No. 1030 C.D. 1975.

25 Pa.Commw. 221 (1976)

In Re: Appeal of FPA Corporation From the Decision of the Board of Supervisors of Newtown Township. In Re: Appeal of FPA Corporation From the Decision of the Newtown Township Zoning Hearing Board. The Newtown Township Supervisors, Appellants.

Commonwealth Court of Pennsylvania.

June 18, 1976.


Attorney(s) appearing for the Case

Richard P. McBride, with him C. David Krewson, and Stuckert, Yates & Krewson, for appellant.

Robert A. Godwin, with him Timby & Godwin, for appellee.

Argued April 6, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, June 18, 1976:

In Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970), our Supreme Court held a zoning ordinance which failed to provide for multi-family housing, in that case apartment structures, to be unconstitutional. In Camp Hill Development Co., Inc. v. Zoning Board of Adjustment of Dauphin, 13 Pa.Commw. 519

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