Marple Township v. Tarquinio

Ervin, P. J.,

This is a bill in equity filed by Marple Township, a second class township, to prevent the operation of a quarry, alleging that such operation was a violation of its zoning ordinance. The defense was two-fold, first, that the ground had been used as a quarry for 25 years and was therefore a nonconforming use and, secondly, that the zoning ordinance is unconstitutional as affecting defendants’ land.

*211In the first place, it should he pointed out that there is no specific prohibition against quarries in the zoning ordinance. If they are to be excluded, it is only because they are not…