Opinion
Argued September 26, 1978
June 27, 1979.
Argued September 26, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE, and MacPHAIL. Judges MERCER and CRAIG did not participate. Reargued April 3, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DiSALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.
Appeal, No. 1506 C.D. 1977, from the Order of the Court of Common Pleas of Montgomery County in case of Provincial Investment Company v. Lower Gwynedd Township and Board of Supervisors of Lower Gwynedd Township, No. 76-13899.
Application to the Lower Gwynedd Township Board of Supervisors for curative amendment to zoning ordinance. Application denied. Applicant appealed to the Court of Common Pleas of Montgomery County. Appeal sustained. Ordinance declared unconstitutional. TREDINNICK, J. for the court en bane. Township and Board of Supervisors appealed to the Commonwealth Court of Pennsylvania. Affirmed. ( 39 Pa. Commw. 546) Petition for reargument filed and granted. No modification of order or opinion ordered. Judge DiSALLE dissented.
Jeremiah J. Cardamone, with him Curtis Wright, and Timoney, Knox, Hasson Weand, for appellants.
J. Peirce Anderson, with him Kane, Pugh, Anderson, Subers McBrien, for appellee.
Stanford S. Hunn, with him Gregory S. Ghen, for intervenors.
After our decision in this case was handed down on January 5, 1979, the appellants filed a timely application for reargument. Reargument was granted, limited to the issue of the effect, if any, of the Act of Assembly No. 249, P.L. 1067, signed by the Governor on October 5, 1978, which was after the date of the original argument of this case on September 26, 1978.
For the reasons set forth in our opinion in Meyers v. Board of Supervisors, 43 Pa. Commw. 196, 402 A.2d 278 (1979), we find no occasion to modify our opinion or the order heretofore filed in this matter.
I respectfully dissent based on my dissenting opinion in Meyers v. Board of Supervisors, 43 Pa. Commw. 196, 402 A.2d 278 (1979).