Sameric Corp. v. Valley Forge Center Ass'n

Opinion by

Judge Craig,

In this equity case involving zoning enforcement, the question is whether a trial court may resolve factual *583disputes, concerning compliance with shopping center parking space requirements, by considering contradictory affidavits, in lieu of receiving testimony and exhibits at an evidentiary hearing.

Factual History

Appellant Sameric Corporation, as a tenant of one of the 60 stores in the Valley Forge Shopping Center of Upper Merion Township, is a movie theater operator in a store-space formerly occupied by the bowling alley of another tenant.

The shopping center is one…