Surrick v. ZHB OF U. PROVIDENCE TP.

OPINION

NIX, Justice.

This is an appeal from an order of the Commonwealth Court, Surrick v. Zoning Hearing Bd. of Twp. of Upper Providence, 11 Pa.Cmwlth. 607, 314 A.2d 565 (1974), affirming an order of the Court of Common Pleas of Delaware County which upheld the denial of appellant, Robert B. Surrick’s, application for variance from the terms of the Zoning Ordinance of Upper Providence Township, Ordinance No. 34 of 1952, as amended, by the Zoning Hearing Board (Board) of Upper Providence Township.1 The dispositive issue is whether the township ordinance unconstitutionally excludes multi-family…