In re: Petition of Dolington Land Group (Concurring Opinion)

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[J-129-2003] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: PETITION OF DOLINGTON LAND GROUP AND TOLL BROS., INC. FROM THE DECISION OF THE ZONING HEARING BOARD OF UPPER MAKEFIELD TOWNSHIP APPEAL OF: DOLINGTON LAND GROUP AND TOLL BROS., INC. MARY JANE AND CALVIN LARSON, FRANCES BIELSKI, CAROL STUCKLEY, OTTO SCHNEIDER AND ROBERT MUTSCHLER LARSON, : : : : : : : : : : No. 80 MAP 2003 Appeal from the Order of the Commonwealth Court entered July 3, 2002, at No. 137 C.D. 2002, affirming the Order of the Court of Common Pleas of Bucks County, entered December 27, 2001, at No. 00-08019-24-5 Argued: October 21, 2003 APPELLEES/INTERVENORS CONCURRING OPINION MR. JUSTICE EAKIN DECIDED: DECEMBER 30, 2003 Allowance of appeal was granted to determine the application of Surrick v. Zoning Hearing Board of the Township of Upper Providence, 382 A.2d 105 (Pa. 1977), to the validity of a multi-municipal zoning ordinance. There being insufficient facts of record to do so, the Majority saves the issue for another day, making the lengthy discussion on this issue merely advisory in nature. Commonwealth Court without opinion. As such, I would affirm the

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