Legal Opinion
McCahill v. Borough of Fox Chapel
Court of Appeals for the Third Circuit
Decided February 10, 1971No. 18940PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
A 1938 zoning ordinance in the Pennsylvania borough of Fox Chapel providing for a minimum lot size of three acres was amended in 1964 to permit lots of two acres if drawn from a nine-acre tract. Appellant owns a parcel of 4.2568 acres. He contends that the ordinance and its amendment prevent his lawful utilization of his land and thus amount to an unconstitutional taking under the Fifth and Fourteenth Amendments. In the district court he unsuccessfully sought a declaratory judgment that the ordinances are unconstitutional. The court granted…
2Cases cited46 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Powell v. McCormackSupreme Court of the United States · 1969
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
41 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ne Hub Partners, L.P. v. Cng Transmission Corporation Penn Fuel Gas, Inc. James M. Seif George J. Miller Michelle A. Coleman Thomas W. Renwand Bernard A. Labuskes, JrCourt of Appeals for the Third Circuit · 2001
- The Sea Ranch Association v. California Coastal Zone Conservation CommissionsCourt of Appeals for the Ninth Circuit · 1976
- Connecticut General Insurance v. United States Railway Ass'nDistrict Court, E.D. Pennsylvania · 1974
- Page v. Curtiss-Wright CorporationDistrict Court, D. New Jersey · 1971
- Cunard Line Ltd. v. AbneyDistrict Court, S.D. New York · 1982
24 more not listed; retrieve them via the Exa API.