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GLADWYNE COLONY v. LOWER MERION TOWNSHIP. (01/08/63)

January 8, 1963

GLADWYNE COLONY, INC., APPELLANT,
v.
LOWER MERION TOWNSHIP.



Appeal, No. 45, Jan. T., 1963, from decree of Court of Common Pleas of Montgomery County, No. 61-7201, in case of Gladwyne Colony, Inc., John R. Chamberlin, Jr., Richard H. Driscoll et al. v. Township of Lower Merion, The Home Life Insurance Company of America, Albert W. Tegler, Sr. et al. Decree affirmed.

COUNSEL

Desmond J. McTighe, with him John H. Archer, Philip D. Weiss, and Duffy, McTighe & McElhone, for appellants.

Edmund B. Spaeth, Jr., with him John E. Forsythe, Township Solicitor, and Wright, spencer, Manning & Sagendorph, for township, appellee.

Robert L. Trescher, with him Arthur H. Moss, Cassin W. Craig, and Montgomery, McCracken, Walker & Rhoads, and Wisler, Pearlstine, Talone & Gerber, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Musmanno

[ 409 Pa. Page 443]

OPINION BY MR. JUSTICE MUSMANNO

The Home Life Insurance Company of America and Albert W. and Louise M. Tegler, are owners of a tract of land in Lower Merion Township, Montgomery County. Since the interests of the Teglers are identical with those of the Insurance Company, we will, for the sake of convenience, refer to the owners of the property involved in this lawsuit as the Insurance Company.

On June 24, 1959, the Board of Commissioners of Lower Merion Township rezoned 96 acres of the Insurance land from R-1 Residential and 40 acres from R-1 Residential to R-7 Apartment.

On July 8, 1959, the insurance company agreed to convey to the township 82.4 acres of its land for the purposes of a park. The township, in return, agreed to install at township expense a sewer main around that part of the insurance company land upon which it was to build an apartment-house building and to connect the sewer main with the existing township sanitary sewer. The township agreed also to construct an access road from a certain Hollow Road into the apartment area. The insurance company agreed to grant to the township rights of way for any portions of the main and access road crossing its land and if and when requested by the township to do so to convey, without additional consideration, a site of reasonable size for a sewage pumping station.

On the same date as the agreement just mentioned, the insurance company deeded to the township 82.4 acres of land for use as a park. At the time of recording, the township certified that the consideration for the property was $60,000. The deed was recorded July 27, 1959, one day after the rezoning ordinance already mentioned became effective.

On August 15, 1961, seven property owners in the neighborhood of the apartment ...


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