BD. OF SUPVRS. OF SOLEBURY TWP. APPEAL

Nos. 2779 C.D. 1978 and 2790 C.D. 1978.

49 Pa.Commw. 267 (1980)

In Re: Appeal of the Board of Supervisors of Solebury Township, Bucks County, Pennsylvania, etc. R & L Marino Bros., Inc. v. The Zoning Hearing Board of Solebury Township. Board of Supervisors of Solebury Township, Appellant. In Re: Appeal of the Board of Supervisors of Solebury Township, Bucks County, Pennsylvania, etc. R & L Marino Bros., Inc., Appellant v. The Zoning Hearing Board of Solebury Township, Appellee.

Commonwealth Court of Pennsylvania.

February 7, 1980.


Attorney(s) appearing for the Case

Stuart N. Cohen, with him, of counsel, Butera, Hess, Beausang & Moyer, for appellant.

Carl L. Lindsay, Jr., for appellee.

Argued October 3, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.


OPINION BY JUDGE MENCER, February 7, 1980:

R & L Marino Bros., Inc. (Marino) and the Board of Supervisors of Solebury Township (Township) have cross-appealed an order of the Court of Common Pleas of Bucks County, which affirmed the grant of a variance to Marino to erect an apartment building, subject to certain conditions.1 Marino challenges both the imposition of a density condition attached to the variance and the constitutionality...

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