SPENCER v. EARL TWP. BD. SUPERVISORS

No. 718 C.D. 1975.

23 Pa.Commw. 37 (1976)

Charles C. Spencer, Appellant v. Board of Supervisors of Earl Township, Appellee.

Commonwealth Court of Pennsylvania.

January 19, 1976.


Attorney(s) appearing for the Case

Barry W. Kerchner, with him Markofski and Kerchner, for appellant.

Alfred W. Crump, Jr., with him Marx, Ruth, Binder, Ward & Crump, for appellee.

Argued December 4, 1975, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.


OPINION BY JUDGE KRAMER, January 19, 1976:

This is an appeal by Charles C. Spencer from an order of the Court of Common Pleas of Berks County, dated April 24, 1975, which affirmed a refusal of the Board of Supervisors of Earl Township to rezone a tract of land owned by Spencer. Spencer bases his appeal on the allegation that the Township's zoning ordinance is exclusionary; but we conclude that the procedure followed by Spencer was fatally defective and that we must...

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