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HAROLD S. CAMPBELL v. NORTHAMPTON COUNTY RECORDER DEEDS (06/01/79)

decided: June 1, 1979.

HAROLD S. CAMPBELL, APPELLANT
v.
THE NORTHAMPTON COUNTY RECORDER OF DEEDS, APPELLEE



Appeal from the Order of the Court of Common Pleas of Northampton County in case of Harold S. Campbell v. The Northampton County Recorder of Deeds, No. 231 October Term, 1977.

COUNSEL

B. Ryland Wiggs, for appellant.

Robert E. Simpson, Jr., with him John D. DiGiacomo, for appellee.

Richard J. Haber, for intervenor.

Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 43 Pa. Commw. Page 184]

This is an appeal from a denial of appellant's writ for peremptory mandamus by the Northampton County Court of Common Pleas. We affirm.

On November 3, 1977 appellant presented certain subdivision plats to the Northampton County Recorder of Deeds for acceptance and recordation. The Recorder refused to accept and record the plats because they did not show the necessary approvals required by the Land Subdivision Regulations adopted by Resolution of the township on September 18, 1958 and by the Joint Planning Commission of Lehigh and Northampton Counties on November 26, 1963. Appellant had not taken steps to present his plans for

[ 43 Pa. Commw. Page 185]

    approval under the requirements of the county regulations passed by resolution on January 1, 1964, pursuant to authority granted in Section 2004 of The County Code, Act of August 9, 1955, P.L. 323, as amended, formerly 16 P.S. § 2004.

Section 2004 of The County Code was repealed by the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.

It is appellant's contention that the repeal of Section 2004 of The County Code by the MPC removed the requirement of compliance with the above regulations until readopted by the county and township by ordinance.

As pointed out by Judge Alfred T. Williams in his able opinion for the common pleas court, this argument is almost frivolous in view of the express ...


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