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EDWARDS ENGINEERING CORPORATION v. WAYNE DAVIES ET AL. (01/30/84)

decided: January 30, 1984.

EDWARDS ENGINEERING CORPORATION, APPELLANT
v.
WAYNE DAVIES ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Lackawanna County in the case of Edwards Engineering Corporation v. Wayne Davies, Thomas G. Hughes, Fred Richards, Supervisors of Covington Township, Lackawanna County, Pennsylvania, No. 80-Civil-283.

COUNSEL

Thomas J. Nickels, Heitmiller & Nickels, P.C., with him Thomas P. Kennedy, Kennedy, Hodin & Wormuth, for appellant.

Raymond W. Ferrario, for appellee, Supervisors of Covington Township.

Timothy B. Fisher, for appellees, Eagle Lake Corporation, John R. Larsen and Louis F. Larsen.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 80 Pa. Commw. Page 48]

Edwards Engineering Corporation (Edwards) appeals from an order of the Court of Common Pleas of Lackawanna County sustaining appellees'*fn1 preliminary objections in the nature of a demurrer and dismissing Edwards's amended complaint in mandamus.

On December 19, 1979, after public hearing, the Board of Supervisors of Covington Township (Board) granted final approval to the subdivision plan of John R. Larsen, Louis F. Larsen and Eagle Lake Corporation, for a proposed development of a recreational vehicle camp ground (Eagle Lake). Contiguous to Eagle

[ 80 Pa. Commw. Page 49]

Lake was the Covington Industrial Park, an undeveloped property formerly owned by Edwards's predecessor in title, Scranton Lackawanna Industrial Building Company (SLIBCO). On September 30, 1980, approximately nine months after the Board's final approval of the Eagle Lake subdivision plan, Edwards acquired title to the industrial park.

On January 14, 1981, more than two years after the Board granted final approval of the subdivision plan, Edwards instituted this mandamus action requesting the common pleas court to order the Board to revoke its approval and hold another public hearing, because of the Board's alleged failure to perform certain ministerial duties mandated by the Pennsylvania Municipalities Planning Code (Code), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §§ 10101-11202, and the Covington Township Subdivision Ordinance (Ordinance).

Edwards primarily asserts that the Larsens and Eagle Lake Corporation did not obtain valid, final approval of their subdivision plan because, inter alia, the Board failed to notify SLIBCO of the public hearing as required by Section 508(5) of the Code, 53 P.S. § 10508(5)*fn2 and the Ordinance. By preliminary objections in the nature of demurrer, appellees contend that mandamus is inappropriate because (1) an adequate, statutory remedy existed for SLIBCO (and by succession, Edwards), and (2) the compelled administrative performance, another public hearing concerning final approval of the subdivision ...


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