Kaufman & Broad, Inc. v. Board of Supervisors

Opinion by

Judge Mencer,

This is an appeal by Kaufman and Broad, Inc. ('appellant), from an order of the Court of Common Pleas of Chester County dismissing its appeal and sustaining *119the West Whiteland Township Board of Supervisors’ denial of a request for a curative amendment to the Township’s zoning ordinance.

Appellant’s challenge to the validity of the ordinance is based on an allegation that it is exclusionary and therefore invalid “for failing to provide for townhouse units, fourplex and condominium units.” Pursuant to Section 1004(1) (b) of the Pennsylvania Municipalities Planning Code…