Mahony v. Township of Hampton

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from the order of the Commonwealth Court upholding a zoning ordinance of the Township of Hampton which prohibits a private enterprise from operating gas wells in residential districts but permits public operation of such wells, 158 Pa.Cmwlth. 681, 632 A.2d 1102. Appellant challenges the distinction between public and private operations, alleging that such a distinction is arbitrary and unreasonable and, hence, an invalid exercise of the township’s police powers.

Appellant, Jack D. Mahony, owns property in a residential “A” district in…