Hopewell Township Board of Supervisors v. Golla

Dissenting Opinion bt

Judge MacPhail:

I join in Judge Mencer's dissent and in Part I of Judge Williams' dissent. Additionally, with respect to Section 107(21) of the MPC, I would hold that that issue was not preserved by the landowners in their appeal to the York County Court of Common Pleas. Clemens v. Upper Gwynedd Township Zoning Hearing Board, 3 Pa. Commonwealth Ct. 71, 281 A.2d 93 (1971).