mandamus relief available despite nearly 2-year delay between time of deemed approval by virtue of failure to act upon proposed plan and time Mid-County sought to compel issuance of building permits based on deemed approval
How later courts described this case
- mandamus relief available despite nearly 2-year delay between time of deemed approval by virtue of failure to act upon proposed plan and time Mid-County sought to compel issuance of building permits based on deemed approval
Written by the judges who cited it.
Distinguished
Distinguished by Raccoon Mountain, Inc. v. Perry County Planning Commission, 50 Pa. Commw. 613 (1980)
Mid-County Manor, Inc. v. Haverford Township, 22 Pa. Commonwealth Ct. 149, 348 A.2d 472 (1975), is clearly distinguishable.
The opinion
Concurring Opinion by
Judge Kramer:
I concur in the opinion of the majority, but I feel compelled to emphasize that Abel v. Township of Middletown, 7 Pa. Commonwealth Ct. 6 , 297 A. 2d 525 (1972) is still applicable to issues arising under Article V of the MPC. 1 As I understand the majority opinion, no holding has been made in this case on whether municipalities, under Article V, may impose a two-stage “preliminary” approval process upon developers proceeding under a subdivision and land development ordinance, and, with this observation in mind, I concur.
. Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10501 et seq.