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KASOREX v. BD. OF S. OF MONTG. TWP.

No. 506 C.D. 1981.

70 Pa.Commw. 193 (1982)

Appeal of Kasorex, a Partnership, from the decision of the Board of Supervisors of Montgomery Township. v. Board of Supervisors of Montgomery Township, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1982.

Attorney(s) appearing for the Case

William R. Cooper, with him, Emory W. Buck, Cooper & Greenleaf, for appellant.

Jules Pearlstine, with him Ronald E. Robinson, Pearlstine, Salkin, Hardiman and Robinson, for appellee.

Thomas L. Wenger, with him Thomas W. Bergen, Wix, Wenger & Weidner, for Amicus Curiae, Pennsylvania State Association of Township Supervisors.

Argued June 10, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three. Reargued October 5, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and DOYLE.

OPINION BY JUDGE CRAIG, December 1, 1982:

When the courts have held a municipality's zoning ordinance invalid because it has unlawfully excluded one class of residential use, does that decision nullify the entire zoning ordinance, leaving the municipality wholly without zoning, so that all other kinds of residential, commercial or industrial development (not involved in the exclusionary zoning holding) may proceed free of all zoning regulations?

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