Miller & Son Paving, Inc. v. Wrightstown Township

Opinion by

Judge DiSalle,

Miller and Son Paving, Inc. (Miller), appeals a decision of the Court of Common Pleas of Bucks County *35which affirmed the action of the Wrightstown Zoning Hearing Board (Board) in upholding the constitutionality of sections of the Wrightstown Township Zoning Ordinance. Miller challenges the ordinance on three grounds: (1) it has been preempted by other state law; (2) it unconstitutionally prohibits expansion of nonconforming uses; and (3) the setback requirements contained therein are arbitrary, capricious and unreasonably confiscatory. We reject each of these…