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CRANBERRY TP. v. BUILDERS ASS'N

137 Pa.Commw. 510 (1991)

587 A.2d 32

CRANBERRY TOWNSHIP, Appellant, v. BUILDERS ASSOCIATION OF METROPOLITAN PITTSBURGH, North Suburban Builders Association, Enterprise Development, Inc. and Empire Properties, Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided February 6, 1991.

Reargument Denied March 25, 1991.

Attorney(s) appearing for the Case

Richard G. Carlisle, with him, Robert H. Freilich, Kansas City, Mo., and Gary J. Gushard, Tucker, Arensberg, P.C., Pittsburgh, for appellant.

Loudon L. Campbell, Calkins & Campbell, Harrisburg, for appellees.

Before CRAIG, President Judge, and DOYLE, COLINS, McGINLEY, PELLEGRINI, KELLEY and BYER, JJ.

PELLEGRINI, Judge.

Cranberry Township (Township) appeals from a decision of the Court of Common Pleas of Butler County, granting Appellees/Builders' Motion for Summary Judgment striking down Township Ordinance 189 (Ordinance) as invalid and unenforceable.

By enacting Ordinance 189, titled "The Cranberry Township Transportation Improvement Program Amendment", the Township required, inter alia, that new developers pay an impact fee to finance highway...

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