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WEST v. TWP. SPVRS. OF ADAMS TWP. ET AL.

No. 3308 C.D. 1984.

99 Pa.Commw. 599 (1986)

513 A.2d 1120

James A. West, Appellant v. Township Supervisors of Adams Township and Stanley Wilhelm and Clara Wilhelm, Wayne Hindman and Pat Hindman, and Thomas Lower and Shirley Lower, Appellees.

Commonwealth Court of Pennsylvania.

August 12, 1986.

Attorney(s) appearing for the Case

Frederick A. Boehm, with him, Patrick J. Clair, Goehring, Rutter & Boehm, for appellant.

Frank P. Krizner, for appellees, Supervisors of Adams Township.

Richard L. Rosenzweig, with him, Gilbert M. Coogler, Rosenzweig & Burton, for intervenors/appellees, Wilhelm, Hindman and Lower.

Argued March 12, 1986, before President Judge CRUMLISH, JR., and Judges ROGERS, CRAIG, MacPHAIL, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE CRAIG, August 12, 1986:

The key issue in this exclusionary zoning case, now before this court for a second time, is as follows:

Where a township zoning ordinance has entirely excluded mobilehome parks and all other multi-family residential uses from the municipality, and the trial court has found, on the basis of substantial evidence, that the municipality is not a logical area for development and population growth, is the zoning ordinance...

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