Crystal Forest Associates, LP v. Buckingham Township Supervisors

DISSENTING OPINION BY

Judge LEAVITT.

With all due respect, I dissent. I believe that the trial court properly excluded the testimony of the Township’s proffered expert witness, Robert H. Edelstein, Ph. D., who was hastily prepared and not familiar with' key aspects of this case. As such, Dr. Edelstein was incompetent to offer expert testimony. I also disagree with my colleagues’ conclusion that the challenged provisions of the Ordinance are not unduly restrictive. Today the majority has endorsed illusory zoning as a means of *219regulating land use and development. I am deeply troubled by that…