Concord Township Appeal

Opinion by

Mr. Justice Roberts,

Appellee Kit-Mar Builders, Inc., entered into an agreement to purchase a 140-acre tract of land in Con*469cord Township, Delaware County. The agreement was contingent on the tract being rezoned to permit the construction of single-family homes on lots of one acre, since the tract was then zoned to require lots of no less than two acres along the existing roads and no less than three acres in the interior. Appellee’s request for rezoning and application for a building permit were denied; it then appealed to the zoning board of adjustment and announced that it would…