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GREATER FOURTH STREET ASSOC. v. SMITHFIELD

816 A.2d 388 (2003)

GREATER FOURTH STREET ASSOCIATES, INC., a Pennsylvania Corporation, Appellant, v. SMITHFIELD TOWNSHIP, Smithfield Township Economic Development Corporation, a Pennsylvania non-profit Corporation, Marshall L. Hamilton, Robert Kepner and Wayne W. Mateer, all in their capacities as supervisors of Smithfield Township and members of the Smithfield Township Economic Development Corporation, Vicki Harshbarger, in her capacities as Secretary/Treasurer of Smithfield Township and as a member of the Smithfield Township Economic Development Corporation, and Jeffrey C. Shaffer, in his capacity as supervisor of Smithfield Township.

Commonwealth Court of Pennsylvania.

Decided February 10, 2003.

Attorney(s) appearing for the Case

W. Thomas McGough, Jr., Pittsburgh, for appellant.

C. Kent Price, Harrisburg, for appellees.

BEFORE: FRIEDMAN, Judge, LEADBETTER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEADBETTER.

This appeal raises the novel issue of whether a Second Class Township will violate the competitive bidding requirement of Section 1503 of the Second Class Township Code (Code),1 53 P.S. § 66503, by giving property it will purchase from the Commonwealth to a private nonprofit corporation that it created, which will in turn sell the property to the developer of its choosing. The Court of Common Pleas of...

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