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ANNAND v. BOARD OF SUP'RS

160 Pa.Commw. 93 (1993)

634 A.2d 1159

David S. ANNAND v. BOARD OF SUPERVISORS OF FRANKLIN TOWNSHIP, CHESTER COUNTY, Pa., Appellant.

Commonwealth Court of Pennsylvania.

Decided November 22, 1993.

Reargument Denied January 31, 1994.

Attorney(s) appearing for the Case

D. Barry Gibbons, for appellant.

Ross A. Unruh, for appellee.

Before CRAIG, President Judge, SMITH, J., and KELTON, Senior Judge.

KELTON, Senior Judge.

The Board of Supervisors of Franklin Township (Township) appeals from the order of the Court of Common Pleas of Chester County (trial court) reversing the Township's rejection of a final subdivision plan submitted by David S. Annand (Annand). The novel issue presented in this case is whether a court-ordered deemed approval of a preliminary subdivision plan pursuant to Section 508(3) of the Pennsylvania Municipalities Planning Code (MPC)

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