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TOBIN v. RADNOR TP. BD. OF COM'RS

142 Pa.Commw. 567 (1991)

597 A.2d 1258

Kevin P. TOBIN v. RADNOR TOWNSHIP BOARD OF COMMISSIONERS and Caroline C. Johnson and Alan B. Sheltzer and Peter A. Benoliel and Felicity R. Benoliel. Appeal of RADNOR TOWNSHIP BOARD OF COMMISSIONERS, Appellant. Kevin P. TOBIN v. RADNOR TOWNSHIP BOARD OF COMMISSIONERS and Caroline C. Johnson and Alan B. Sheltzer and Peter A. Benoliel and Felicity R. Benoliel. Appeal of Peter A. BENOLIEL and Felicity R. Benoliel, Appellants.

Commonwealth Court of Pennsylvania.

Decided September 30, 1991.

Attorney(s) appearing for the Case

Eugene H. Evans, for appellant, Radnor Tp. Bd. of Supervisors.

Jenny P. Shulbank, for appellants, Peter A. and Felicity R. Benoliel.

John A. Jaros, for appellee, Kevin P. Tobin.

Before SMITH and BYER, JJ., and BARRY, Senior Judge.

BYER, Judge.

This case presents the question: "What is a street?". More specifically, the issue is whether Cornwall Lane in Radnor Township, an unimproved and unopened "paper street,"1 is a street for purposes of Radnor's subdivision ordinance, ordinance no. 120-43E, which provides "each lot shall have at least twenty (20) feet of frontage on a street...." We hold that Cornwall Lane is not a "street" within the meaning of this ordinance...

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