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BAC, INC. v. BOARD OF SUP'RS

534 Pa. 381 (1993)

633 A.2d 144

BAC, INC., Appellant, v. BOARD OF SUPERVISORS OF MILLCREEK TOWNSHIP, Appellee.

Supreme Court of Pennsylvania.

Decided November 10, 1993.

Attorney(s) appearing for the Case

Victor R. Delle Donne, Hollinshead, Mendelson, Delle Donne, Bresnahan & Nixon, P.C., Pittsburgh, for appellant.

Richard W. Perhacs, Knox, McLaughlin, Gornall & Sennett, P.C., Erie, for Millcreek Tp. Hearing Bd.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and MONTEMURO, JJ.

OPINION

NIX, Chief Justice.

In this case, we must determine whether the Millcreek Township Board of Supervisors acted properly when it rejected a challenge to its zoning ordinance for allegedly excluding mobile homes in violation of our Constitution. Our decision will turn on whether the record contains sufficient evidence to rebut the presumption that the ordinance is constitutionally valid. For the reasons that follow, we hold that the Board acted...

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