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PETITION RONALD S. MINTZ AND PHILIP MILLER (11/09/79)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: November 9, 1979.

IN RE: PETITION OF RONALD S. MINTZ AND PHILIP MILLER, T/A WICHARD-MILLER JOINT VENTURE, A PARTNERSHIP, FOR POSTING OF BOND PURSUANT TO SECTION 916 OF MUNICIPALITIES PLANNING CODE. HORSHAM TOWNSHIP CIVIC ASSOCIATION, INC., APPELLANT

Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Petition of Ronald S. Mintz and Philip Miller, t/a Wichard-Miller Joint Venture, a Partnership, for Posting of Bond Pursuant to Section 916 of Municipalities Planning Code, No. 78-13877.

COUNSEL

Michael H. Payne, for appellant.

Richard P. McBride, with him Herbert K. Sudfeld, Jr.; Power, Bowen & Valimont; Morris Gerber; Gerber, Gerber & Shields, for appellee.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 47 Pa. Commw. Page 254]

Our review of the record in the court below reveals no abuse of discretion or error of law and we believe

[ 47 Pa. Commw. Page 255]

    that Judge Brown has soundly reasoned the conclusion reached which we will affirm. Judge Brown's opinion may be found at 105 Montg. 367 (1979).

In addition, we believe that our recent decision in Appeal of Hoak, 44 Pa. Commonwealth Ct. 108, 403 A.2d 639 (1979) is controlling on the issue of the retroactivity of Act 150.*fn1

Order

And Now, this 9th day of November, 1979, the order of the Court of Common Pleas of Montgomery County dated April 4, 1979 in the above-captioned matter is hereby affirmed.

Disposition

Affirmed.


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