Opinion
Argued April 30, 1963.
October 10, 1963.
Municipalities — Zoning — Township supervisors — Zoning board of adjustment — Powers — Ordinances — Validity — Rezoning.
In this zoning case in which it appeared that the action of the township supervisors in rezoning certain land was in full compliance with the law and the issuance of a building permit by the board of adjustment was pursuant to the zoning ordinance which the court below held to be valid, it was Held that the ordinance was valid and the court below properly dismissed the appeal.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 173, Jan. T., 1963, from order of Court of Common Pleas of Montgomery County, No. 62-4695, in case of Paul D. Donahue, Richard H. Forster, William Hamilton et al. v. Zoning Board of Adjustment of Whitemarsh Township. Order affirmed; reargument refused November 7, 1963.
Appeal by property owners from decision of zoning board of adjustment in issuing a building permit.
Order entered affirming decision of zoning board, opinion by FORREST, P. J. Property owners appealed.
William J. Woolston, for appellants.
John G. Kaufman, with him Elmer L. Menges, for appellee.
The action of the Supervisors of Whitemarsh Township in rezoning 146 acres of land in the township from AA residential, which requires a minimum lot area of one-half acre per residence, to A residential, which requires one-quarter acre, was accomplished in full compliance with law and was a valid exercise of the authority vested in them. The issuance of the building permit by the Board of Adjustment was pursuant to the valid ordinance and constituted a proper exercise of the powers and duties of the Board. The court below quite correctly refused to hold the ordinance invalid and to disturb the action of the Board. We, too, find no merit in the attack upon the ordinance and upon the board's order. The ruling below must, therefore, be affirmed.