H.R. Miller Co. v. Board of Supervisors

I dissent. The majority overlooks a key fact in analyzing the opinion of the Court of Common Pleas of Lancaster County and in so overlooking that fact makes a faulty assumption that undermines its resolution of the site specific relief issue. The common pleas court did not strike the one provision from the ordinance to cure its de facto exclusionary effect. Rather, the common pleas court struck the one provision because that court erroneously determined that it was the only provision specifically challenged in the zoning appeal brought by appellant, H.R. Miller Company, Inc. Opinion of the…