Toms v. Board of Supervisors

Opinion by

Judge Craig,

Neil and Nancy Toms challenge the Washington Township Zoning Ordinance as exclusionary, alleging that it failed to make any provision for a trash transfer station. The Washington Township Board of Supervisors rejected the Toms’ challenge and proposed curative amendment, concluding that the existing zoning ordinance permitted the use in question. The court of common pleas affirmed without taking additional evidence.1 We reverse and remand.

The undisputed facts are reflected by the board’s findings. The trial court succinctly summarized them as follows:

*167In November of 1985,…