Botti v. New Hope Borough

MOUNTENAY, J.,

This is an equity action brought by four merchants in New Hope Borough, Bucks County, Pa., to enjoin the *311borough from enforcing the New Hope Borough Vending Machine Ordinance. The attack brought by plaintiffs against this ordinance concentrated on the requirement that all vending machines, in order to be licensed, must be placed within the exterior walls of the principal building on the lot. None of the vending machines owned by the four plaintiffs is located within the exterior walls of their business premises.

A preliminary injunction was entered by the court on March 8, 1976.…