Appeal from the Order of the Court of Common Pleas of Dauphin County in the case of York-Green Associates v. Board of Supervisors of South Hanover Township, Dauphin County, No. 2944 S 1982.
Walter W. Wilt, for appellant.
Christian S. Erb, Jr., Metzger, Wickersham, Knauss & Erb, for appellee.
Judges MacPhail, Colins and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.
York-Green Associates (appellant) appeals an order of the Court of Common Pleas of Dauphin County dismissing appellant's Complaint in Mandamus. Appellant claims that the Board of Supervisors of South Hanover Township (appellee) improperly reneged on a written agreement to issue building permits for a real estate development known as Greenbriar II. We affirm the trial court's dismissal of the Complaint.
In April of 1976 appellant's final plans for a subdivision development were approved by appellee. In July of the same year, however, the Department of Environmental Resources (DER) objected to the proposed use of on-lot sewage systems. The parties then entered into a written agreement on July 26, 1977,
revising the development plan and approving construction of a sanitary sewer system. Revised final plans were approved by appellee on July 25, 1978.
By December, 1981 two of the sections comprising the development plan had not been completed. For reasons not explained in the record, there had been no attempt to commence work on the remaining sections for the three-year period from plan approval in 1978 through 1981. During this three-year lapse, the composition of the Board of Supervisors changed as a result of regularly-scheduled municipal elections. The new Board of Supervisors had amended the Township's zoning and subdivision ordinances, the result of which was that the two remaining sections no longer complied with the current township ordinances. On March 10, 1982, appellee informed appellant that construction could not be commenced on the two remaining sections but that revised plans could be resubmitted. No appeal was taken from this decision, nor were revised plans submitted.
On August 26, 1983 appellant filed a petition with the Court of Common Pleas of Dauphin County for a Writ of Mandamus ordering appellee to issue building permits to allow completion of the development project. The Court of Common Pleas dismissed the complaint and this appeal followed.
Appellant contends that a mandamus action is appropriate here. It alleges that it is entitled to receive building permits and to continue development of the project. Appellant bases this contention on appellee's original approval of the plan, as well as the separate agreement made by the parties revising the ...