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WHITELAND MANOR HOMES v. BOROUGH DOWNINGTOWN (10/27/77)

decided: October 27, 1977.

WHITELAND MANOR HOMES, INC.
v.
BOROUGH OF DOWNINGTOWN, APPELLANT



Appeal from the Order of the Court of Common Pleas of Chester County in case of Whiteland Manor Homes Inc. v. Borough of Downingtown, No. 207 July Term, 1975.

COUNSEL

William H. Mitman, for appellant.

James E. McErlane, with him Lamb, Windle & McErlane, for appellee.

Judges Crumlish, Jr. and Wilkinson, Jr., sitting as a panel of two. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 32 Pa. Commw. Page 274]

The Borough of Downingtown (Borough) has appealed to this Court from a decision of the Court of

[ 32 Pa. Commw. Page 275]

Common Pleas of Chester County ordering the Borough to give approval to a subdivision plan submitted by the appellee Whiteland Manor Homes, Inc. (Whiteland). We affirm the order of the lower court.

Whiteland submitted a subdivision application to the Borough for the construction of a single family residential home development within the Borough limits. This plan was referred to the Borough Planning Commission for review, who recommended to Borough Council that the plan be rejected. On June 19, 1975, Council accepted the Planning Commission's recommendations and a letter was sent to Whiteland the next day informing them of the rejection.

Whiteland appealed this decision to the Court of Common Pleas of Chester County. On June 2, 1976, that Court issued an order remanding the matter to Borough Council with leave to file an amended decision within twenty days. This remand was necessary because the June 20, 1975 decision erroneously referred to a nonexistent section of the Downingtown Subdivision and Land Development Ordinance.*fn1

Borough Council then issued an amended decision, dated June 17, 1976, again denying the subdivision application of Whiteland. This amended order was then reviewed by the Chester County Court which, on October 25, 1976, with an able opinion by Judge Marrone, issued an order reversing the Borough's decision and directing Borough Council to approve the Whiteland application. Specifically, the lower court found that the amended decision did not comply with Section 508(2) of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, 53 P.S. § 10508(2). As a result, under the provisions of Section 508(3) of the MPC, 53 P.S. § 10508(3), the Borough was

[ 32 Pa. Commw. Page 276]

    directed to give approval to Whiteland's ...


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