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ENVIRONMENTAL COMMUNITIES PENNSYLVANIA v. NORTH COVENTRY TOWNSHIP (02/18/88)

decided: February 18, 1988.

ENVIRONMENTAL COMMUNITIES OF PENNSYLVANIA, INC., APPELLANT
v.
NORTH COVENTRY TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County in case of Environmental Communities of Pennsylvania, Inc. v. North Coventry Township, No. 196, September Term, 1974.

COUNSEL

Mark C. Clemm, High, Schwartz, Roberts & Seidel, for appellant.

Robert J. Sugarman, Sugarman & Cohen, for North Coventry Township.

Timothy F. Hennessey, Solicitor, for North Coventry Township Board of Supervisors.

Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. Judge Barry and Senior Judge Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 113 Pa. Commw. Page 501]

We granted North Coventry Township's request for reconsideration of an order*fn1 granting Coventry Village Associates' (CVA) (successor in interest to Environmental Communities of Pennsylvania, Inc.) motion for enforcement of our February 1, 1980 Order:

And Now, this 1st day of February, 1980, the order of the Court of Common Pleas of Chester County, dated December 1, 1977, is hereby vacated, and it is ordered that the entire matter be remanded to the Court of Common Pleas of Chester County for the purpose of reviewing the plans and specifications presented by Environmental Communities of Pennsylvania so as to permit the landowner to proceed with its proposed development, subject to all of the other reasonable zoning regulations applicable to the type of development involved.

Environmental Communities of Pennsylvania, Inc. v. North Coventry Township, 49 Pa. Commonwealth Ct. 167, 170,

[ 113 Pa. Commw. Page 502412]

A.2d 650, 652 (1980). This Order was entered upon a determination that North Coventry Township's zoning ordinance unconstitutionally excluded mobile home parks.

No apparent action was taken by Environmental Communities for some time. Subsequently, in 1985, CVA entered into an agreement of sale for the properties and commenced its efforts with the Township to effect rules and regulations for a mobile home park development. CVA submitted a series of modifications to the Township's proposed ordinance, which was ultimately adopted in July 1985 without any of CVA's proposed changes.

When CVA's development plan applications were rejected for the second time by the Township as not conforming to the 1985 ordinance, CVA appealed the decision to the Chester County Common Pleas Court and simultaneously petitioned that court for a hearing to review its plan.*fn2 CVA then sought enforcement of this Court's 1980 Order. It is ...


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