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SWINEHART v. UPPER POTTSGROVE TWP.

No. 170 C.D. 1975.

23 Pa.Commw. 282 (1976)

David A. Swinehart, Appellant v. Upper Pottsgrove Township, Appellee.

Commonwealth Court of Pennsylvania.

February 11, 1976.

Attorney(s) appearing for the Case

Arthur F. Loeben, Jr., with him Wells, Campbell, Wells & Loeben, for appellant.

Sherwood L. Yergey, with him Kranzley, Wrigley, Yergey, Daylor, for appellee.

Submitted on briefs, October 9, 1975, to Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, February 11, 1976:

On March 1, 1974 David A. Swinehart filed an application for approval of a subdivision plan with the Board of Commissioners (Board) of Upper Pottsgrove Township in Montgomery County. He proposed to subdivide a 95.2 acre tract of land into 135 lots to be developed for residential purposes. Upon receipt of the application, the Board submitted Swinehart's plan to both...

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