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BOARD OF SUP'RS v. FIECHTER

129 Pa.Commw. 537 (1989)

566 A.2d 370

BOARD OF SUPERVISORS OF WEST MARLBOROUGH TOWNSHIP, Appellant, v. Frederick C. FIECHTER and Eleuthera C. Fiechter, his wife and M. Roy Jackson and Gretchen Jackson, his wife, Appellees.

Commonwealth Court of Pennsylvania.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Thomas E. Martin, Jr., Kennett Square, for appellant.

John S. Halsted, Gawthrop, Greenwood & Halsted, West Chester, for appellees.

Thomas L. Wenger, Wix, Wenger, Weidner, Fenstermacher & Gunnison, Harrisburg, for Pennsylvania State Association of Township Supervisors.

Before CRAIG and DOYLE, JJ., and NARICK, Senior Judge.

CRAIG, Judge.

The Board of Supervisors of West Marlborough Township appeals from an order of the Court of Common Pleas of Chester County, reversing a decision of the board that denied Frederick C. and Eleuthera C. Fiechter's and M. Roy and Gretchen Jackson's (landowners) application for subdivision approval because of the landowners' refusal to dedicate 8½ feet of road frontage property to the township.

The issue is whether a municipality has the power...

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