TOMS ET AL. v. BD. OF SUPV., WASH. T.

No. 331 C.D. 1988.

123 Pa.Commw. 165 (1989)

553 A.2d 507

Neil R. Toms and Nancy J. Toms, Appellant v. The Board of Supervisors of Washington Township, Appellee.

Commonwealth Court of Pennsylvania.

January 27, 1989.


Attorney(s) appearing for the Case

Paul A. Prince, Prince and Prince, P.C., for appellant.

Thomas G. Parisi, with him, Richard L. Orwig, O'Pake, Malsnee & Orwig, P.C., for appellee.

Argued November 1, 1988, before Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE CRAIG, January 27, 1989:

Neil and Nancy Toms challenge the Washington Township Zoning Ordinance as exclusionary, alleging that it failed to make any provision for a trash transfer station. The Washington Township Board of Supervisors rejected the Toms' challenge and proposed curative amendment, concluding that the existing zoning ordinance permitted the use in question. The court of common pleas affirmed without taking additional evidence.

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