Bilbar Construction Co. v. Easttown Township Board of Adjustment

Dissenting Opinion by

Mr. Justice Bell :

On June 28, 1957, the Supreme Court in a unanimous opinion held that Section 302 of the Ordinance of Eastto'wn Township was unconstitutional as applied *78to petitioners’ property. Today a majority of this Court, including former Justice Chidsey, overrule that decision and hold that the Ordinance is constitutional. This relatively simple case has attained monumental stature because, in order to reach its conclusion, the three present members of this Court (1) have had to repudiate and by necessary implication overrule myriad decisions of this Court, and (2)…