University Park Cinemas, Inc. v. Borough of Windber

COFFROTH, P. J.,

This case is before the court en banc on plaintiffs’ exceptions to the adjudication and decree nisi. Plaintiffs have excepted to the third, fourth, seventh, eighth and ninth findings of fact as being contrary to, or unsupported by, the evidence, to all five conclusions of law and to the decree nisi.

FACTS

Since 1926, Windber Borough has imposed by ordinance a license fee on certain amusements in-*727eluding one on motion pictures of $50 per year, or $5 per month. In March 1972, that ordinance was amended imposing an additional license fee on showing X-rated movies at the rate of $25…