Burgoe Realty Co. v. Bern Township Zoning Hearing Board

Opinion by

Judge Barry,

Burgoe Realty Co, Inc. and the Township of Bern have both appealed from an order of the Court of Common Pleas of Berks County which reversed in part and affirmed in part a decision of the Bern Township Zoning Hearing Board (Board).

Burgoe filed an application for approval of a subdivision plan with the Township. At the same time, it filed an application with the Board seeking a variance, a special exception, an interpretation of various provisions of the Townships zoning ordinance and a challenge to the constitutionality of that ordinance on the basis of exclusionary…