Donahue v. Zoning Board of Adjustment

Supreme Court of Pennsylvania

Donahue v. Zoning Board of Adjustment

194 A.2d 609, 412 Pa. 330, 1963 Pa. LEXIS 418

CourtSupreme Court of Pennsylvania

DecidedOctober 10, 1963

DocketAppeal, No. 173

StatusPublished

This text of 194 A.2d 609 (Donahue v. Zoning Board of Adjustment) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donahue v. Zoning Board of Adjustment, 194 A.2d 609, 412 Pa. 330, 1963 Pa. LEXIS 418 (Pa. 1963).

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Opinion

Opinion by

Mr. Justice Roberts,

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.

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Opinion by

Mr. Justice Roberts,

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.

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Bluebook (online)

194 A.2d 609, 412 Pa. 330, 1963 Pa. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donahue-v-zoning-board-of-adjustment-pa-1963.