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NEWBERRY TOWNSHIP BOARD SUPERVISORS v. NEWBERRY ESTATES (03/30/81)

decided: March 30, 1981.

NEWBERRY TOWNSHIP BOARD OF SUPERVISORS, APPELLANT
v.
NEWBERRY ESTATES, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of York County in case of Newberry Estates, Inc. v. Newberry Township Board of Supervisors, No. 78-S-3994, in Mandamus.

COUNSEL

C. Kent Price, Shumaker and Williams, for appellant.

Clyde E. Williamson, Morris, Vedder & Ream, for appellee.

Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Blatt. This decision was reached prior to the expiration of the term of office of Judge Wilkinson, Jr.

Author: Blatt

[ 58 Pa. Commw. Page 135]

The appellee, Newberry Estates, Inc., sought to develop a mobile home park in Newberry Township, York County. After considering the application at two public meetings, the Newberry Township Planning Commission voted to deny it and this recommendation was accepted by the Newberry Township Board of Supervisors. By letter dated November 24, 1978, the Board informed the appellee that its application was denied.

The appellee appealed this denial to the Court of Common Pleas of York County on the grounds that the letter provided by the Board did not fulfill the requirements of Section 508(2) of the Municipalities Planning Code (MPC),*fn1 53 P.S. § 10508(2), which require that the decision of the governing body must specify the defects in the plan, describe the requirements

[ 58 Pa. Commw. Page 136]

    that have not been met and cite the statutory authority relied upon. The lower court granted the appellee's motion for summary judgment, resulting in a "deemed approval" of the appellee's plan pursuant to Section 508(3) of the MPC, 53 P.S. § 10508(3). This appeal followed.

The letter which the Board sent to the appellee read as follows:

The Newberry Township Supervisors at their regular meeting on November 21, 1978 rejected your site plan for the following reasons:

1. Additional studies required for storm water control.

2. Feasibility study for the water supply ...


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