# Hakim v. From the Decision of the Board of Commissioners

> Commonwealth Court of Pennsylvania · December 8, 1976 · 27 Pa. Commw. 405

URL: https://www.frixlaw.com/law-library/cases/6363426

## Case

- **Full name:** Appeal of Elias J. Hakim, Jr., t/d/b/a Manor Investment Company v. From the Decision of the Board of Commissioners of the Township of O'Hara. Board of Commissioners of the Township of O'Hara
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** December 8, 1976
- **Citations:** 27 Pa. Commw. 405; 366 A.2d 1306; 1976 Pa. Commw. LEXIS 1237
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mencer
- **Judges:** Blatt, Bowman, Crumlish, Kramer, Mencer, Menoer, Rogers, Wilkinson
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6363426

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6363426. Public record. Not legal advice.