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KATAMOONCHINK CORPORATION v. BOARD SUPERVISORS WEST WHITELAND TOWNSHIP. (2 CASES) (08/10/77)

decided: August 10, 1977.

KATAMOONCHINK CORPORATION
v.
BOARD OF SUPERVISORS OF WEST WHITELAND TOWNSHIP. (2 CASES)



Appeals from the Order of the Court of Common Pleas of Chester County in case of Kaufman and Broad, Inc. v. Board of Supervisors of West Whiteland Township, No. 226 March Term, 1974.

COUNSEL

William H. Mitman, for applicants.

William H. Lamb, with him Frank J. Williams, for Board of Supervisors.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Blatt. Judge Rogers did not participate. Judge Kramer did not participate in the decision. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case.

Author: Mencer

[ 31 Pa. Commw. Page 316]

In Kaufman and Broad, Inc. v. West Whiteland Township, 20 Pa. Commonwealth Ct. 116, 340 A.2d 909 (1975), relying heavily on Ellick v. Board of Supervisors of Worcester Township, 17 Pa. Commonwealth Ct. 404, 333 A.2d 239 (1975), we precisely spoke to the role of the courts of common pleas in exercising their broad supervisory powers in cases dealing with curative amendments and challenges to zoning ordinances. Our disposition in Kaufman was as follows:

Order of the Court of Common Pleas of Chester County reversed and this case remanded to said court to allow it to exercise its broad supervisory powers of review over the submitted plans of Kaufman and Broad, Inc., and for its remand to the Board of Supervisors of West Whiteland Township (a) to construe the term 'fourplex unit'; (b) to determine whether or not fourplex units are unconstitutionally excluded uses under the ordinance; (c) to take such steps pursuant to the Municipalities Planning Code to implement any decisions concerning (a) and (b) as may be necessary.

20 Pa. Commonwealth Ct. at 128, 340 A.2d at 915.

In response to this order, the Court of Common Pleas of Chester County, on August 6, 1975, remanded

[ 31 Pa. Commw. Page 317]

    the case to the Board of Supervisors of West Whiteland Township (Board), which held a public hearing on October 13, 1975. On November 12, 1975, the Board entered its "findings" and returned the matter to the Court of Common Pleas of Chester County. On December 9, 1975, Kaufman and Broad, Inc., filed a zoning appeal from the Board's findings and decision of November 12, 1975 and also filed with the court below a petition for approval of plans, seeking an order of court approving the plans submitted to the Board and directing the Board to issue building permits.

The zoning appeal was captioned to be filed at No. 226 March Term, 1974, in the Court of Common Pleas of Chester County, being the term and number of all proceedings relative to the matter prior to December 9, 1975. However, the Prothonotary crossed out the proffered term and number and, on his own, substituted and filed the zoning ...


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