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F. & T. CONS. CO., INC. v. DEPT. of E. RESOURCES

Appeal, No. 1084 C.D. 1971.

6 Pa.Commw. 59 (1972)

F. & T. Construction Company, Inc. v. Department of Environmental Resources.

Commonwealth Court of Pennsylvania.

July 11, 1972.

Attorney(s) appearing for the Case

Joseph P. Mylotte, with him Stephen J. McEwen, Jr., and McEwen, McEwen & Mylotte, for appellant.

Elissa Parker, Assistant Attorney General, for appellee.

Argued May 4, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE BLATT, July 11, 1972:

The appellant is planning to develop a tract of approximately 53 acres in the Borough of Brookhaven (Borough), Delaware County, by constructing 538 apartment units thereon. It entered into an agreement to purchase the land, and it engaged the services of architects, engineers and attorneys, incurring expenses amounting to $76,400.00. It was estimated that the total cost of the development would be approximately $7,000,000. The...

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