Gillott v. Lower Nazareth Township

WILLIAMS, JR., P.J.,

— This is an action in equity to enjoin Lower Nazareth Township (defendant) from enforcing Township Ordinance No. 77 against plaintiffs. The matter was heard without a jury before Williams, Jr., P.J. This adjudication is entered pursuant to Rule 1517 of the Pennsylvania Rules of Civil Procedure.

ISSUES

1. Whether plaintiffs have established the existence of a non-conforming use.

2. Whether the pending ordinance doctrine applies to restrict the construction of plaintiffs’ fence.

FINDINGS OF FACT

1. Plaintiffs axe the ownexs of property located in Lower Nazareth Township.…