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continues to work in the operation of LM Development. Petitioner
Marjorie L. Hustead was employed as a registered nurse.
Petitioners purchased undeveloped land located in Skippack
Township, Pennsylvania (two lots in 1977 and one lot in 1987).
At the times of purchase, the land was zoned "R1", which allowed
only one residential dwelling per acre.
Petitioners' selected the land because:
a. Petitioners believed Skippack Township was
practicing zoning (a delegated police power)
that was unconstitutional.
b. Petitioners believed the land's situation and
characteristics were ideal to sustain a
constitutional challenge.
c. Petitioners found this land significantly
undervalued with respect to its worth with
even partial recovery of what the petitioners
believed to be its full value under
constitutional zoning.
d. Petitioners determined that this land was a
superior buy with respect to all other land
opportunities (townships and land), analyzed
for all of their criteria.
Petitioners intended to retain the land in its undeveloped state
and to challenge the constitutionality of Skippack Township's
zoning ordinance and obtain a change in zoning which would allow
more residential dwellings per acre. After obtaining such a
change, petitioners intended to sell the land to builders at a
profit. The receipt of capital gains from its sale is the only
means by which petitioners intend to earn income on the
undeveloped land.
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