In Re Appeal of FPA Corp.

Opinion by

Judge Rogers,

In Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970), our Supreme Court held a zoning ordinance which failed to provide for multi-family housing, in that case apartment structures, to be unconstitutional. In Camp Hill Development Co., Inc. v. Zoning Board of Adjustment of Dauphin, 13 Pa. Commonwealth Ct. 519, 319 A.2d 197 (1973), this Court held that the Girsh principle applied equally to townhouses. In Casey v. Zoning Hearing Board of Warwick Township, 459 Pa. 219, 328 A.2d 464 (1974), our Supreme Court held that the “pending ordinance rule” — that an application for a…