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COMMONWEALTH PENNSYLVANIA v. GERALDINE FOX (12/02/74)

decided: December 2, 1974.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
GERALDINE FOX, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of Commonwealth of Pennsylvania v. Geraldine D. Fox, Owner 57.561 acres of land in Lower Providence Township, No. 70-6594.

COUNSEL

Mabel D. Sellers, with her Francis J. Tarquini, for appellant.

Cassin W. Craig, with him, of counsel, Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. Opinion by Judge Blatt.

Author: Blatt

[ 16 Pa. Commw. Page 25]

Geraldine D. Fox (condemnee) purchased a 150.153 acre tract in Lower Providence Township (Township), Montgomery County in July of 1966. At the time of conveyance, recently enacted Township Ordinance (No. 74) provided for four different minimum lot size classifications:

(1) 40,000 square feet when neither public water nor municipal sanitary sewers are available.

(2) 30,000 square feet where the lot is served by public water supply but municipal sanitary sewer is unavailable.

(3) 25,000 square feet where the lot is served by both public water and municipal sanitary sewer.

(4) 18,000 square feet in sections of the township served by both public water and municipal sewers, where a subdivision plan showing layout of lots and streets, and other municipal improvements, open space, recreation areas, parks, schools, highways, and other public and community uses has been approved by the Township Board of Supervisors.

Under this fourth classification, in order to gain the required approval, the ordinance required the owner to convey to the Township open space on his tract for use as parklands, recreational areas or conservation areas.

In May of 1967 the condemnee submitted a subdivision plan to the Township which provided for the necessary open space and sought approval to subdivide into lots of 18,000 square feet, as permitted by the fourth classification. This subdivision plan was never approved by the Township.

On May 28, 1970 the Commonwealth of Pennsylvania (condemnor) filed a declaration of taking for 57.561 acres of the Fox tract for the Evansburg State Park project, and paid compensation in the amount of $140,500 to the condemnee. Viewers were ...


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