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CHERRY VALLEY ASSOCIATES v. STROUD TOWNSHIP BOARD SUPERVISORS. ALDEN FETHERMAN (09/10/87)

decided: September 10, 1987.

CHERRY VALLEY ASSOCIATES
v.
STROUD TOWNSHIP BOARD OF SUPERVISORS. ALDEN FETHERMAN, ET UX., ET AL., APPELLANTS



Appeal from the Order of the Court of Common Pleas of Monroe County in the case of Cherry Valley Associates v. Stroud Township Board of Supervisors, and Alden Fetherman, et ux., et al., Nos. 1809-1985 and 2779-1985.

COUNSEL

E. David Christine, Jr., Christine & Christine, for appellants.

Mark P. Pazuhanich, Hanna, Young & Upright, for appellee, Cherry Valley Associates.

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

Author: Palladino

[ 109 Pa. Commw. Page 247]

Alden Fetherman and approximately 50 other individuals (Appellants) appeal an order of the Court of Common Pleas of Monroe County denying their petition to intervene in the consolidated appeals of Cherry Valley Associates (CVA) from the denial of CVA's applications for a conditional use permit by the Stroud Township Board of Supervisors (Board). We affirm.

[ 109 Pa. Commw. Page 248]

CVA owns 160 acres of land in Stroud Township on which it seeks to build a planned unit development (PUD), a permitted conditional use for this property under the Stroud Township Zoning Ordinance. CVA submitted an application for a conditional use to build a 250 dwelling unit PUD, which was denied by the Board. CVA appealed this denial to the trial court. CVA then submitted an application for a conditional use permit to build an 88 dwelling PUD with the possibility of expansion to 250 units. This second application was also denied by the Board and appealed by CVA to the trial court. The two appeals were consolidated for trial.

Appellants, residents and landowners in Stroud Township, petitioned the trial court for permission to intervene in CVA's appeal pursuant to Pa. R.C.P. No. 2327(4).*fn1 In their petition, Appellants state they wish to have the Board's denial of a conditional use permit affirmed. If CVA is permitted to construct either PUD, Appellants allege in their petition to intervene they will suffer the following damage:

(a) The proposed planned unit development would devalue the Petitioners' real estate;

(b) The proposed planned unit development would mar and destroy the rural and scenic qualities of the area surrounding the development site;

(c) The proposed planned unit development would generate traffic hazards on ...


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