D. R. Lease v. Hamilton Twp & Hamilton Twp Bd of Supervisors (Majority Opinion)

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 1465 C.D. 2004

Case Date: 10/28/2005

Plaintiff: D. R. Lease

Defendant: Hamilton Twp & Hamilton Twp Bd of Supervisors (Majority Opinion)

Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA David R. Lease v. Hamilton Township and Hamilton Township Board of Supervisors, Appellants BEFORE: : : : No. 1465 C.D. 2004 : : Submitted: September 13, 2005 : : :

HONORABLE DAN PELLEGRINI, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE JESS S. JIULIANTE, Senior Judge

OPINION BY SENIOR JUDGE JIULIANTE

FILED: October 28, 2005

Hamilton Township (Township) and the Hamilton Township Board of Supervisors (Supervisors)(collectively, Appellants) appeal from the June 18, 2004 order of the Court of Common Pleas of Adams County (trial court) that granted summary judgment in favor of David R. Lease. In this appeal, we are asked to determine whether the trial court erred in concluding that the Township failed to comply with Section 508(2) of the Pennsylvania Municipalities Planning Code (MPC)1, relating to approval of plats, where Lease previously had been provided copies of letters identifying the Township's reasons for denial of his subdivision plan, but said letters were not attached to the Township's official letter denying the plan. For the reasons that follow, we affirm.

1

Act of July 31, 1968, P.L. 805, as amended, 53 P.S.

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