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DORAN INVEST. v. MUHLENBERG T.B. OF C. et al.

Appeal, No. 150 C.D. 1973.

10 Pa.Commw. 143 (1973)

Doran Investments, Appellant, v. Muhlenberg Township Board of Commissioners and Muhlenberg Township Concerned Citizens Association, Appellees. Philadelphia Home Builders Association, Amicus Curiae.

Commonwealth Court of Pennsylvania.

September 11, 1973.

Attorney(s) appearing for the Case

Joseph E. DeSantis, with him Brett A. Huckabee and McGavin, DeSantis & Koch, for appellant.

G. Alan Kramer, with him Emmanuel H. Dimitriou and Lieberman, Dimitriou & Kramer, for appellee, Township.

Bernard Mendelsohn, with him Baskin, Mendelsohn & Leisawitz, for appellee, Citizens.

John P. Trevaskis, Jr., with him J. Scott Calkins, Trevaskis, Doyle, Currie, Nolan & Bunting and Shaffer, Calkins & Balaban, for Amicus Curiae.

Argued June 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, September 11, 1973:

This case concerns planned residential developments provided for by Article VII of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10701 et seq. It presents important questions concerning the power of governing bodies to withhold tentative approval of plans which conform to planned residential development...

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