DeCaro v. Washington Township

Opinion by

Judge Kramer,

This is an appeal filed by Daniel F. DeCaro (and his wife) from a decision of the Court of Common Pleas of Berks County dismissing DeCaro’s appeal from a refusal by the Washington Township Board of Supervisors to adopt a curative amendment to the Township’s zoning ordinance. The sole issue presented is whether a three-acre minimum lot size zoning requirement is unconstitutional under the facts of this case. We hold that it is not.

DeCaro owns approximately 150 acres within the Township and desires to subdivide 16 of those acres into six lots, to be known as Robin Hill.…