Opinion

Hakim v. From the Decision of the Board of Commissioners

  • 27 Pa. Commw. 405
  • 366 A.2d 1306
  • 1976 Pa. Commw. LEXIS 1237
Court
Commonwealth Court of Pennsylvania
Filed
Dec 8, 1976
Status
Published
Author
Mencer
On the bench
Blatt, Bowman, Crumlish, Kramer, Mencer, Menoer, Rogers, Wilkinson
Cited by
5 cases

The opinion

Concurring and Dissenting Opinion by

Judge Mencer:

I concur in' the majority’s conclusion that a municipality, without the ' agreement of the developer, is without power to impose conditions-to final approv *418 al additional to, different from, or amendatory of, conditions imposed upon tentative approval of a development plan.

However, I cannot join in affirming the order of the court below which not only properly deleted the sixth condition to final approval but also, in my judgment, improperly struck down a portion of paragraph 18 of the conditions to which the development plan was subjected by the tentative approval granted.

I would affirm that portion of the order of the court below which struck down the sixth condition to final approval and would reverse that portion of the order which altered paragraph 18 of the conditions imposed on the plan at the time of the granting of the tentative approval.

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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