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ROBERT W. DRISCOLL v. PLYMOUTH TOWNSHIP AND LAMONT GEAR COMPANY (06/04/74)

decided: June 4, 1974.

ROBERT W. DRISCOLL, SONYA DEHON DRISCOLL AND CONTINENTAL BANK AND SONYA DEHON DRISCOLL, TRUSTEES U/W JULES DEHON, DECEASED, APPELLANTS,
v.
PLYMOUTH TOWNSHIP AND LAMONT GEAR COMPANY, APPELLEES. (TWO CASES)



Appeals from the Orders of the Court of Common Pleas of Montgomery County in case of Robert W. Driscoll, Sonya Dehon Driscoll and Continental Bank and Sonya Dehon Driscoll, Trustees u/w Jules Dehon, deceased, v. Plymouth Township and Lamont Gear Co., No. 73-8205.

COUNSEL

James L. Hollinger, with him Edward R. Schmidt and Smith, Aker, Grossman, Hollinger & Jenkins, for appellants.

Norma L. Shapiro, with her Jerome A. Hoffman and Dechert, Price & Rhoads, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Dissenting Opinion by Judge Rogers. President Judge Bowman and Judge Blatt join in this dissent.

Author: Mencer

[ 13 Pa. Commw. Page 405]

On May 30, 1973, Lamont Gear Company (Lamont) received a building permit from the building inspector of Plymouth Township for the construction of a building to house its gear manufacturing operations. On June 25, 1973, an appeal from the issuance of this permit was filed with the Plymouth Township Zoning

[ 13 Pa. Commw. Page 406]

Hearing Board (Board) by Robert W. Driscoll, Sonya Dehon Driscoll, and Continental Bank and Sonya Dehon Driscoll, trustees under the will of Jules Dehon, deceased (appellants). Lamont then, pursuant to Section 916 of the Pennsylvania Municipalities Planning Code,*fn1 petitioned the Court of Common Pleas of Montgomery County for an order upon appellants to post a bond as a condition to continuing their appeal before the Board.

On July 12, 1973, a hearing was held before the Honorable Robert W. Honeyman who refused to hear evidence on the merits of the appeal or appellants' financial status as requested by appellants' counsel. On July 20, 1973, Judge Honeyman ordered that, as a condition to the maintenance of their appeal, appellants post "the following amounts of security either in cash, secured by real estate in Montgomery County or by bond with surety:

(1) $15,000.00 forthwith

(2) An additional $20,000.00 by October 1, 1973

(3) An additional $25,000.00 by November 1, 1973

(4) Additional security of $5,000.00 per month commencing with January, 1974."

Judge Honeyman's order also stated that failure to post such security would terminate the ...


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