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CRAIG E. DALLMEYER v. BOARD SUPERVISORS EAST MANCHESTER TOWNSHIP ET AL. (12/15/87)

decided: December 15, 1987.

CRAIG E. DALLMEYER, APPELLANT
v.
BOARD OF SUPERVISORS OF EAST MANCHESTER TOWNSHIP ET AL., APPELLEES



Appeals from the Orders of the Court of Common Pleas of York County in the case of Craig E. Dallmeyer v. Board of Supervisors of East Manchester Township, and John G. Brown, III, Terry R. Gingerich and Walter Stocker, No. 84-3375; and in the case of Craig E. Dallmeyer v. Board of Supervisors of East Manchester Township, and John G. Brown, III, Terry R. Gingerich and Walter Stocker, No. 84-S-3842.

COUNSEL

Harry R. Swift, Liverant, Senft and Cohen, for appellant.

William H. Poole, Jr., with him, Thompson J. McCullough, McCullough & Poole, for appellees.

Judges MacPhail and Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 111 Pa. Commw. Page 646]

Craig E. Dallmeyer (appellant) appeals from an order of the Court of Common Pleas of York County, affirming the decision of the Board of Supervisors of East Manchester Township (Board) which denied appellant's application to subdivide real estate into single-family dwelling lots.

In July, 1984, appellant filed an application to subdivide real estate situate in East Manchester Township into twenty-one (21) single-family dwelling lots. Appellant's preliminary subdivision plan indicated that the lots were to be provided with water by on-site wells. No mention of any public water system was made on the plan. On August 14, 1984, the Board reviewed and approved appellant's preliminary subdivision plan. On August 28, 1984, the Township Planning Commission reviewed the plan. It was at this meeting that the issue of connection to a public water system was first raised.

[ 111 Pa. Commw. Page 647]

Appellant, on August 13, 1984, filed his final subdivision plan. On September 11, 1984, the Board denied approval of the final plan, and the plan was tabled until the next meeting scheduled for October 11, 1984, pending clarification of a report regarding the feasibility and possibility of extending public water to the site.

On September 12, 1984, the following letter of denial was sent to appellant by appellees' attorney:

This letter will confirm that on September 11, 1984 the Board of Supervisors of East Manchester Township denied the final plan which you submitted for this tract. Even though denied, that plan has been left on the table and shall be reconsidered by the Board of Supervisors at its next monthly meeting on Thursday, October 11, 1984. In the meantime, the Township Engineer will contact York Water Company concerning the availability of a public water system within 1000 feet of your development. Further, the matter of a recreation fee may be reviewed.

On October 11, 1984, the Board held another meeting, the result of which was a letter dated October 12, 1984, wherein appellees' attorney notified appellant that his final plan was denied, the reasons therefore, and specific citations to violations of the township's ordinance.

Appellant raised three issues before this Court which the Court of Common Pleas resolved in appellees' favor. The three issues are: (1) whether the September 11, 1984, decision of the Supervisors denying approval of the final plan was properly and timely filed; (2) whether the Township Supervisors can revoke the approval of the preliminary subdivision plan or otherwise impose additional conditions prior to approving the ...


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