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WHITEMARSH TOWNSHIP v. KRAVITZ

No. 1979 C.D. 1977.

39 Pa.Commw. 306 (1978)

Whitemarsh Township, Appellant v. Harriet Kravitz, Appellee.

Commonwealth Court of Pennsylvania.

December 18, 1978.

Attorney(s) appearing for the Case

Clarke F. Hess, with him H. Kenneth Butera, Stuart N. Cohen, and, of counsel, Butera, Hess, Beausang & Moyer, for appellant.

John G. Kaufman, with him Edward J. Hughes; Bean, DeAngelis & Kaufman, P.C.; Moris Gerber, and Gerber, Maerz, Wilenzik & Shields, for appellee.

John P. Trevaskis, Jr., with him Robert S. Bennett, Jr., for amicus curiae, Whitemarsh Township Planning Commission.

Argued September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DISALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.

OPINION BY JUDGE DISALLE, December 18, 1978:

This is an appeal from a decision of the Court of Common Pleas of Montgomery County, Pennsylvania, dismissing Whitemarsh Township's (Township) motion to quash and declaring the Whitemarsh Township Zoning Ordinance (Ordinance), Whitemarsh Township, Pennsylvania, Ordinance 111 (1957), unconstitutional. We affirm.

On November 5, 1975, Harriet Kravitz (Appellee), wishing to develop a mobile home park on a certain 44...

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