West Chestnut Realty Corp. v. Martin

Commonwealth Court of Pennsylvania

West Chestnut Realty Corp. v. Martin

438 A.2d 1024, 63 Pa. Commw. 641, 1982 Pa. Commw. LEXIS 971

CourtCommonwealth Court of Pennsylvania

DecidedJanuary 6, 1982

DocketAppeal, No. 2555 C.D. 1980

StatusPublished

Cited by2 cases

This text of 438 A.2d 1024 (West Chestnut Realty Corp. v. Martin) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

West Chestnut Realty Corp. v. Martin, 438 A.2d 1024, 63 Pa. Commw. 641, 1982 Pa. Commw. LEXIS 971 (Pa. Ct. App. 1982).

Pincite

Opinion

Opinion by

Judge Mencer,

West Chestnut Realty Corp. (petitioner) has appealed from an order of the Court of Common Pleas of Chester County which dismissed the petitioner’s complaint in mandamus against the Board of Supervisors of Charlestown Township (Board). The petitioner was attempting to secure a “deemed approval” of its final plans for a residential development because the Board had not issued a written decision within 30 days as required by Section 711(c) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10711 (c).

We affirm on the basis of the able opinion of Judge Thomas A. Pitt, Jr., filed October 15, 1980, at No. 341 November Term, 1979, in the Court of Common Pleas of .Chester County. See also Beekhuis v. Zoning Hearing Board of Middletown Township, 59 Pa. Commonwealth Ct. 307, 429 A.2d 1231 (1981).

Order affirmed.

[643]*643Order

And Now, this 6th day of January, 1982, the order of the Court of Common Pleas of Chester County, dated October 15, 1980, which dismissed the complaint of West Chestnut Realty Corp. against John C. Martin, Jr., Harold F. Pyle, and Joseph F. O’Brien, Supervisors of Charlestown Township, and the Board of Supervisors of Charlestown Township, is hereby affirmed.

This decision was reached prior to the expiration of the term of office of Judge Palladino.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Mencer,

West Chestnut Realty Corp. (petitioner) has appealed from an order of the Court of Common Pleas of Chester County which dismissed the petitioner’s complaint in mandamus against the Board of Supervisors of Charlestown Township (Board). The petitioner was attempting to secure a “deemed approval” of its final plans for a residential development because the Board had not issued a written decision within 30 days as required by Section 711(c) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10711 (c).

We affirm on the basis of the able opinion of Judge Thomas A. Pitt, Jr., filed October 15, 1980, at No. 341 November Term, 1979, in the Court of Common Pleas of .Chester County. See also Beekhuis v. Zoning Hearing Board of Middletown Township, 59 Pa. Commonwealth Ct. 307, 429 A.2d 1231 (1981).

Order affirmed.

[643]*643Order

And Now, this 6th day of January, 1982, the order of the Court of Common Pleas of Chester County, dated October 15, 1980, which dismissed the complaint of West Chestnut Realty Corp. against John C. Martin, Jr., Harold F. Pyle, and Joseph F. O’Brien, Supervisors of Charlestown Township, and the Board of Supervisors of Charlestown Township, is hereby affirmed.

This decision was reached prior to the expiration of the term of office of Judge Palladino.

Cite This Page — Counsel Stack

Bluebook (online)

438 A.2d 1024, 63 Pa. Commw. 641, 1982 Pa. Commw. LEXIS 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-chestnut-realty-corp-v-martin-pacommwct-1982.

Opinion

Related

Cite This Page — Counsel Stack