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FRANCIS L. STAMBAUGH AND APRIL V. STAMBAUGH v. TOWNSHIP REED (12/06/84)

decided: December 6, 1984.

FRANCIS L. STAMBAUGH AND APRIL V. STAMBAUGH, ET AL.
v.
TOWNSHIP OF REED, ET AL. TOWNSHIP OF REED, APPELLANT. FRANCIS L. STAMBAUGH AND APRIL V. STAMBAUGH, ET AL. V. TOWNSHIP OF REED, ET AL. GERALD F. WALSH, APPELLANT



Appeals from the Order of the Court of Common Pleas of Dauphin County, in case of Francis L. Stambaugh and April V. Stambaugh, et al. v. Township of Reed, et al., No. 4029 Equity 1980.

COUNSEL

Linus E. Fenicle, Enrico & Fenicle, P.C., for appellant, Township of Reed.

Walter W. Wilt, for appellant, Gerald F. Walsh.

Joel Weisberg, for appellees.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 86 Pa. Commw. Page 318]

In this subdivision regulation case, we must determine whether the Township of Reed or Gerald Walsh, the developer of a subdivision within the township, is responsible for the completion of streets located in the subdivision. Both parties have cross-appealed from an equity decree of the Court of Common Pleas of Dauphin County, which held both responsible.

On July 6, 1976, the Reed Township Board of Supervisors approved Walsh's Final Subdivision Plan No. 1 of Hidden Acres with the following notation appearing on its face:

All streets shown hereon, if not previously dedicated, are hereby tendered for dedication. Approval of this plan does not constitute acceptance of the streets shown hereon.

The plan showed two streets, Woodland Road and Hillside Drive, having fifty-foot rights-of-way, but contained no further details concerning construction of the streets.

After the plan approval, developer Walsh recorded the plan. He sold the lots to individual purchasers, graded the rights-of-way, installed sub-base, and rolled and otherwise completed the streets, but he did not pave them with a hard surface.

Because both the township and Walsh disclaimed any responsibility for completing the streets, the lot purchasers filed this action in equity in Dauphin County Common Pleas Court, to compel the township or the developer, or both, to complete and maintain the streets within Hidden Acres. The chancellor, Judge Morrison, determined that developer Walsh was responsible for paving the streets. He therefore entered a ...


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