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TOWNSHIP LAWRENCE v. CLAIR THOMPSON (04/16/74)

decided: April 16, 1974.

TOWNSHIP OF LAWRENCE, APPELLANT,
v.
CLAIR THOMPSON, ANDREW DUGA, WILLIAM LANAGER, SHERMAN CONAWAY, MELVIN KNEPP, SHERMAN COUDRIET, AND MRS. RAYMOND TAYLOR, APPELLEES. CLEARFIELD COUNTY HOUSING AUTHORITY, APPELLANT, V. CLAIR THOMPSON, ANDREW DUGA, WILLIAM LANAGER, SHERMAN CONAWAY, MELVIN KNEPP, SHERMAN COUDRIET, AND MRS. RAYMOND TAYLOR, APPELLEES. CLEARFIELD AREA HOUSING CORPORATION, APPELLANT, V. CLAIR THOMPSON, ANDREW DUGA, WILLIAM LANAGER, SHERMAN CONAWAY, MELVIN KNEPP, SHERMAN COUDRIET, AND MRS. RAYMOND TAYLOR, APPELLEES



Appeals from the Order of the Court of Common Pleas of Clearfield County in case of In Re: Appeal from Action of the Board of Township Supervisors of Lawrence Township and the Application of the Clearfield Area Housing Corp., Lawrence Township, intervening, No. 147 May Term, 1973.

COUNSEL

Benjamin Novak, for appellant, Township of Lawrence.

W. McC. Miller, Jr., with him J. A. Katarincic, J. E. Beard, III and Kirkpatrick, Lockhart, Johnson & Hutchison, for appellants, Clearfield County Housing Authority and Clearfield Area Housing Corporation.

Kenneth B. Kaufman, Assistant Attorney General, for intervening appellant, Department of Community Affairs.

Carl A. Belin, Jr., with him Belin, Belin & Naddeo, for appellees.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion of Judge Rogers.

Author: Rogers

[ 13 Pa. Commw. Page 91]

This is an appeal by Lawrence Township which is located in Clearfield County, the Clearfield County Housing Authority and the Clearfield Area Housing Corporation from an order of the Court of Common

[ 13 Pa. Commw. Page 92]

Pleas of Clearfield County overturning the approval by the Supervisors of Lawrence Township of a subdivision application for the construction of a low-cost housing project. The appellees are owners of properties located near the project. The case is a companion to Clearfield Area Housing Corporation and Clearfield County Housing Authority v. Hughes, 13 Pa. Commonwealth Ct. 96, 318 A.2d 754 (1974), filed simultaneously herewith, an action in equity in which other neighbors sought and obtained an order of the Clearfield County Court enjoining continued construction of the project.

A number of procedural and jurisdictional questions are raised here which are disposed of in our opinion in Hughes, supra.

Lawrence Township had subdivision regulations adopted in 1958 pursuant to Article XII-A Second Class Township Code, Act of May 1, 1933, P.L. 103, since repealed and replaced by Article V of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, 53 P.S. § 10101 et seq. Existing subdivision regulations were saved by the Planning Code, 53 P.S. § 10103. The appellant, Clearfield Area Housing Corporation, a nonprofit corporation formed for the purpose of constructing the project and thereafter leasing it to the Clearfield Area Housing Authority for sublease by low income residents, the operation being subsidized by the Federal Department of Housing and Urban Development, applied to the Lawrence Township Supervisors for approval to subdivide 15 acres of ...


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