Opinion

Mid-County Manor, Inc. v. Haverford Township Board of Commissioners

  • 22 Pa. Commw. 149
  • 348 A.2d 472
  • 1975 Pa. Commw. LEXIS 1300
Court
Commonwealth Court of Pennsylvania
Filed
Dec 3, 1975
Status
Published
Author
Kramer
On the bench
Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
Cited by
19 cases
Authority
More cited than 9.0%

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.
    Commonwealth Court of PennsylvaniaApr 18, 1980Read it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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