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DAVIS ET AL. v. BD. OF SUPVRS. OF EASTTOWN T.

No. 1804 C.D. 1976.

32 Pa.Commw. 343 (1977)

Harold M. Davis and Nicholas V. Martel v. Board of Supervisors of Easttown Township, Appellant.

Commonwealth Court of Pennsylvania.

November 10, 1977.

Attorney(s) appearing for the Case

William H. Rivoir, Jr., with him John S. Halsted, and, of counsel, Gawthrop & Greenwood, for appellant.

John C. Snyder, with him Robert W. Lentz, and, of counsel, Lentz, Riley, Cantor, Kilgore & Massey, Ltd., for appellees.

Argued October 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, JR., November 10, 1977:

This appeal presents us with another question of the proper construction to be given the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq. The issue for decision is when an application for a land development plan is denied approval for failure to comply with a township zoning ordinance, which ordinance has previously been declared unconstitutional...

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