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BOARD COMMISSIONERS MCCANDLESS TOWNSHIP v. BEHO DEVELOPMENT COMPANY (02/20/75)

decided: February 20, 1975.

THE BOARD OF COMMISSIONERS OF MCCANDLESS TOWNSHIP, APPELLANT,
v.
BEHO DEVELOPMENT COMPANY, INC., ALBERT SINGER AND ERNEST G. ROESSLER, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Beho Development Company, Inc., Albert Singer and Ernest G. Roessler v. Board of Commissioners of McCandless Township, No. SA 327 of 1973.

COUNSEL

James W. Dunn, Jr., for appellants.

Robert L. Frantz, with him R. A. King, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellees.

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

Author: Kramer

[ 16 Pa. Commw. Page 449]

This is an appeal by the Board of Commissioners of McCandless Township (Commissioners) from an order by the Court of Common Pleas of Allegheny County, dated March 1, 1974, which ordered the Commissioners to change the zoning classification of a 6.7 acre tract of land owned by Albert Singer (Singer) and Ernest Roessler (Roessler), from R-2 Residential to R-3 Residential.

The record in this case indicates that at some time prior to January 16, 1973 Beho Development Company (Beho) entered into a purchase agreement, conditional upon a change in zoning classification, with the owners of the subject property. Beho desires to build a 66-unit

[ 16 Pa. Commw. Page 450]

    townhouse condominium on the property. On January 16, 1973, Beho sent a letter requesting rezoning to the Commissioners, which reads as follows:

"Dear Sir:

"Attached are check for $25.00, survey and description of property. Be Ho Development Co. is requesting for a zoning change from R2 to R3.

"We would appreciate your consideration for this piece of land since the feasibility for ...


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