Opinion
April 28, 1965.
June 30, 1965.
Argued April 28, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 92, Jan. T., 1965, from order of Superior Court, Oct. T., 1963, No. 18, affirming order of Court of Quarter Sessions of the Peace of Montgomery County, June T., 1963, No. 35, in case of Benjamin R. Shanken, Samuel Hankin, Max A. Hankin et al. v. Township of Upper Moreland. Order affirmed.
Same case in Superior Court: 203 Pa. Super. 323.
Appeal by taxpayers challenging validity of township ordinance.
Appeal sustained, opinion by FORREST, P. J. Township appealed to Superior Court, which affirmed order, opinion by WOODSIDE, J. Appeal to Supreme Court allowed.
H. Lyle Houpt, Township Solicitor, with him Benjamin R. Townsend, David C. Auten, and Townsend, Elliott Munson, for township, appellant.
William S. Livengood, Jr., with him Mayor Shanken, and Hankin, Hankin Shanken, and Livengood, Braucher Stroup, for appellees.
Order affirmed.
Mr. Justice COHEN dissents.