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APPEAL OF GREEN & WHITE COPTER, INC.

No. 1574 C.D. 1975.

25 Pa.Commw. 445 (1976)

In Re: Appeal of Green & White Copter, Inc. from the Denial of Its Curative Amendment Request by the Board of Commissioners of Radnor Township. Green & White Copter, Inc., Appellant.

Commonwealth Court of Pennsylvania.

July 12, 1976.

Attorney(s) appearing for the Case

Richard P. McBride, with him Power, Bowen & Valimont, for appellant.

Eugene H. Evans, Solicitor, for appellee.

Argued April 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, July 12, 1976:

This appeal poses the question of whether every use of land is constitutionally protected, and necessarily must be provided for in a zoning ordinance. We hold that the perimeter of constitutionally protected property rights is not so expansive, and affirm the lower court. In so holding, the narrow question of burden of proof presents itself.

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