Marple Township v. Lynam

Opinion by

Hirt, J.,

In this action in equity the defendants were permanently enjoined “from planting, growing and selling nursery stock, such as evergreens, fruit and shade trees, ornamental shrubs, etc.,” on 2.6 acres of ground owned by them in Marple Township. The question in this appeal involves the construction of a zoning ordinance.

About 10 years ago, 40 acres of land in Marple Township known as the “Rittenhouse Tract” were plotted by the owners as building lots. In August 1941, the defendants bought 35 contiguous vacant lots in the subdivision — a total of 2.6 acres of land — fronting…