one Justice concurring only in the result; three Justices dissenting
How later courts described this case
- one Justice concurring only in the result; three Justices dissenting
Written by the judges who cited it.
The opinion
NIX, Justice,
concurring and dissenting.
The majority persists in its failure to recognize that townhouses provide a distinct legitimate use which is not satisfied by adequate provision within the municipality for multi-family dwellings. By condoning Springfield Township’s total exclusion of townhouses within its borders, the majority forecloses the development of a less expensive form of housing in a convenient Philadelphia suburb whose present population density is below average for Delaware County and whose projected population growth is significant. Proper analysis under the test announced by this *355 Court in Surrick v. Zoning Hearing Board of Upper Providence Township, 476 Pa. 182 , 382 A.2d 105 (1977), requires the conclusion that Springfield Township is not so highly developed that it may escape its constitutional obligation to make available a “fair share” of its area for the affordable housing which townhouses are uniquely able to provide and for those who must find such housing now and in the future.
Thus, I am compelled to dissent from that portion of the majority opinion which upholds the constitutionality of the zoning ordinance as to its total exclusion of townhouses. I would remand this matter to the Court of Common Pleas for consideration of Elocin’s proposed plan for that type of housing in Springfield Township.