Barth v. Gorson

Opinion by

Mr. Justice Allen M. Stearns,

Where the constitutionality of a zoning ordinance is questioned, should the procedure be in equity or by statute? The learned court below ruled that the statutory provisions must be strictly pursued and exclusively applied. An appeal followed.

Paul A. Barth, Jr., and wife, plaintiffs, are owners of a single dwelling and lot located on the northwest side of Knights Road, 652 feet southwest of the intersection of Knights and Byberry Roads, in the City of Philadelphia. The lot has a frontage on Knights Road of 75 feet and a depth of approximately 197 feet.…