Vernon v. Borough of Darby

Opinion by

Judge Craig,

Elvin Vernon (together with his corporation) appeals from an order of the Court of Common Pleas of Delaware County, which denied his request for a preliminary injunction to prevent the Borough of Darby, its council members, mayor, code enforcement officer and a police officer from interfering with appellant’s business operations.

Appellant’s business is the sale of sexually oriented magazines and products, and the operation of ten movie booths in which films of sexual activities are shown.

In December, 1979, under the zoning ordinance, appellant applied for and received a…