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SAXONY CONSTRUCTION COMPANY APPEAL. (04/18/55)

April 18, 1955

SAXONY CONSTRUCTION COMPANY APPEAL.


Appeal, No. 44, Oct. T., 1955, from decree of Court of Quarter Sessions of Delaware County, June T., 1953, Misc. Docket A-18, page 437, in re appeal of Saxony Construction Company from decree dismissing appeal from Board of Supervisors of Marple Township. Appeal dismissed.

COUNSEL

Robert K. Greenfield, with him John R. Graham, William A. Kelley, Jr., Crawford & Graham and Folz, Bard, Kamsler, Goodis & Greenfield, for appellants.

Ralph L. Lindenmuth, with him George E. Kearns, Jr. and Lindenmuth & Class, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright and Woodside, JJ. (ervin, J., absent).

Author: Woodside

[ 178 Pa. Super. Page 133]

OPINION BY WOODSIDE, J.

This is an appeal by the Saxony Construction Company from the decree of the Quarter Sessions Court of Delaware County dismissing its appeal from the refusal of the board of supervisors of a second class township to approve a subdivision plan submitted to the supervisors by the company.

[ 178 Pa. Super. Page 134]

Paragraph (c) of Section 1206-A, added to The Second Class Township Law of May 1, 1933, P.L. 103 by the Act of May 24, 1951, P.L. 370, § 16, 53 PS § 19093-1256, provides that the board of township supervisors before approving any such plan "shall either require that the necessary grading, paving and other street improvements, including, where specified by the board,... sanitary sewers and storm sewers shall have been installed in strict accordance with the standards and specifications of the township" or that the township receive guarantee that it will be done. Section 1140 of The Second Class Township Law, supra, as amended 53 PS § 19093-1140 provides for the approval by township supervisors of plans for roads to be constructed, opened or dedicated in the township.

When the construction company submitted its subdivision plan, which included roadways, to the Board of Supervisors of Marple Township the supervisors approved it provided that a sanitary sewer be installed by the construction company within the boundaries of the streets appearing in said plan. This amounts to a refusal unless the appellant complies with the conditions.

There is no sanitary sewer system in the immediate vicinity with which the sewer pipes required by the supervisors to be installed by the appellant could be connected, nor has the township made any legally binding commitments for the construction of, or connection with any such system. The sewers thus required could not be presently used.

The appellant, contending that under all the circumstances the requirement of the supervisors was arbitrary, capricious, unreasonable and without legal authority, appealed to the Quarter Sessions Court of ...


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