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FORKS TWP. v. G. CALANTONI & SONS, INC.

No. 595 C.D. 1974.

14 Pa.Commw. 589 (1974)

Forks Township, Appellant, v. George Calantoni & Sons, Inc., Appellee.

Commonwealth Court of Pennsylvania.

August 8, 1974.

Attorney(s) appearing for the Case

Stanley E. Stettz, with him Teel, Stettz, Shimer & DiGiacomo, for appellant.

Carl K. Zucker, with him Leonard M. Cohen, Anthony S. Blasco and Cohen, Shapiro, Polisher, Shiekmen & Cohen, for appellee.

Submitted on briefs, July 2, 1974, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, August 8, 1974:

Since April of 1971, when appellee filed plans for a Planned Unit Development (PUD) with Forks Township Planning Commission, these parties have been litigating their respective rights. The Planning Commission gave preliminary approval to the PUD plans provided appellee used the proper floor area ratio. Subsequently, the appellant refused to approve the plans on advice of legal counsel that PUD was not permitted in a business...

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