ANTHONY APPEAL

Nos. 1121 and 1868 C.D. 1975.

25 Pa.Commw. 41 (1976)

In Re: An Appeal From the Enactment of Nether Providence Township Ordinance No. 463 on December 19, 1974 by the Township Board of Commissioners Nunc Pro Tunc. Robert L. Anthony, Appellant; Nicole Enterprises, Inc., Appellee.

Commonwealth Court of Pennsylvania.

June 4, 1976.


Attorney(s) appearing for the Case

Albert J. Slap, with him Robert L. Anthony, for appellant.

Robert James Jackson, with him Kassab, Cherry and Archbold, for appellee.

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


OPINION BY JUDGE MENCER, June 4, 1976:

Nicole Enterprises, Inc. (Nicole) is the owner of an unimproved parcel of land consisting of 47.9 acres in Nether Providence Township, Delaware County. The Board of Commissioners of Nether Providence Township held a public meeting on December 5, 1974 to consider the enactment of a new ordinance, the effect of which would be to create a new zoning classification in the township, namely, an R-5c multiple

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