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McKEE ET UX. v. TWP. OF MONTGOMERY

No. 1184 C.D. 1975.

26 Pa.Commw. 487 (1976)

Frank A. McKee and Helen F. McKee, husband and wife v. Township of Montgomery. Montgomery Township, Appellant.

Commonwealth Court of Pennsylvania.

October 5, 1976.

Attorney(s) appearing for the Case

William R. Cooper, II, with him Stewart J. Greenleaf, and Emory W. Buck, for appellant.

Robert J. Jackson, with him Kassab, Cherry and Archbold, for appellees.

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

OPINION BY JUDGE BLATT, October 5, 1976:

This is an appeal by the Township of Montgomery (Township) from a decision and order of the Court of Common Pleas of Montgomery County upholding the challenge of Frank A. McKee and Helen F. McKee who alleged that the Township zoning ordinance excluded development of mobile home parks and was therefore unconstitutional.

The McKees own approximately 87 acres of land in the Township upon which they would like to develop...

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