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COUNTY BUILDERS v. LOWER PROVIDENCE TOWNSHIP (03/03/72)

decided: March 3, 1972.

COUNTY BUILDERS, INC.
v.
LOWER PROVIDENCE TOWNSHIP



Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of County Builders, Inc. v. Lower Providence Township, No. 71-01112.

COUNSEL

Lawrence Sager, with him Sager & Sager, for appellant.

Robert C. Fernandez, with him Joseph J. McGrory and McGrory, Scirica, Wentz & Fernandez, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 5 Pa. Commw. Page 2]

This is an appeal from an order of the Court of Common Pleas of Montgomery County dismissing the appeal of a landowner from the action of the Board of Supervisors of Lower Providence Township in refusing to approve a plan of subdivision.

The appellant, County Builders, Inc., is the owner of 2.674 acres of land located at the dead-end terminus of Oaklyn Avenue, a public road of Lower Providence Township. Desiring to subdivide its land, the appellant

[ 5 Pa. Commw. Page 3]

    filed with the township supervisors a plan proposing the extension of Oaklyn Avenue a distance of 479.96 feet and the subdivision of its land into four lots fronting on said extension. The plan proposed that the extension of Oaklyn Avenue should have a 50 feet wide right of way and a 27 feet wide paved cartway. However, the map accompanying the application indicated that five feet of the width of the proposed right of way was to be acquired from owners of properties lying on the side of the proposed extension opposite the location of appellant's lots. No executed deed of dedication effective to convey the right of way was ever presented to the supervisors, although the appellant declared its willingness and ability to make such a dedication and did exhibit to the supervisors at the hearing on its application an unexecuted fee simple deed for a 50 feet wide strip of land in which it and certain individuals were named as grantors. The supervisors refused to approve the plan of subdivision so notifying the appellant by letter of its solicitor which reads as follows:

"January 14, 1971

"County Builders, Inc.

306 N. Township ...


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