BOARD OF COM'RS v. TOLL BROS., INC.


147 Pa.Commw. 298 (1992)

607 A.2d 824

BOARD OF COMMISSIONERS OF SOUTH WHITEHALL TOWNSHIP, LEHIGH COUNTY, Pennsylvania, Appellant, v. TOLL BROTHERS, INC., Appellee.

Commonwealth Court of Pennsylvania.

Decided April 14, 1992.

Reargument Denied June 24, 1992.


Attorney(s) appearing for the Case

Blake Marles, for appellant.

Joseph A. Fitzpatrick, Jr., for appellee.

Before PALLADINO and SMITH, JJ., and SILVESTRI, Senior Judge.


PALLADINO, Judge.

The Board of Commissioners of South Whitehall Township (Township) appeals an order of the Court of Common Pleas of Lehigh County (trial court) which directed the Township to issue building permits to Toll Brothers, Inc., on the terms of Township ordinances in effect when final plan approval was granted and to refund to Toll Brothers amounts paid under protest.

On stipulation of counsel, the trial court entered an order directing the case...

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