Cleaver v. Board of Adjustment

Opinion by

Mr. Chief Justice Bell,

The question involved is the validity and constitutionality of the amended zoning ordinance of Tredyffrin Township, Chester County. *

An equally divided Board of Adjustment affirmed ex necessitate ** the issuance of a building permit for the erection of a garden type of apartment to the present intervenor appellants. Thereafter the Court of Common Pleas of Chester County, without taking any testimony, reversed and held the amendatory ordinance (a) invalid because of lack of conformity with Tredyffrin’s comprehensive plan, and (b) Unconstitutional because it was…