Lower Merion Township v. Frankel

Opinion by

Mr. Justice Jones,

The plaintiff, a township of the first class, sought by this suit in equity to enjoin the defendant from erecting an apartment house on a tract of land owned by him and located within the township. The learned court below entered a final decree dismissing the bill of complaint and the plaintiff took this appeal. A number of interested persons and organizations were allowed by the court below to intervene as parties plaintiff, but none of them filed brief in this court or asked leave to present oral argument.

The ease involves a municipal attempt to re-zone a…