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TIMOTHY F. PASCH, INC. v. SPRINGETTSBURY

825 A.2d 719 (2003)

TIMOTHY F. PASCH, INC., Appellant, v. The SPRINGETTSBURY TOWNSHIP BOARD OF SUPERVISORS and Donald B. Bishop, Nicholas L. Gurreri, Lorraine O. Mitrick, and William H. Schneck, III, in their Official Capacities as Members of the Board of Supervisors of Springettsbury Township, and Friends of Camp Security, Diane Danby, Gerald W. Curran, and Christine E. Curran.

Commonwealth Court of Pennsylvania.

Decided May 15, 2003.

Reargument Denied July 8, 2003.

Attorney(s) appearing for the Case

Kenneth L. Joel, Harrisburg, for appellant.

Charles A. Rausch, York, for appellee.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Timothy F. Pasch, Inc., (Developer) appeals from the July 9, 2002, order of the Court of Common Pleas of York County (trial court) that sustained preliminary objections filed by the Springettsbury Township Board of Supervisors (Board) to Developer's complaint in mandamus. We reverse.

On August 2, 2001, Developer filed a preliminary subdivision and development plan (Plan) with the Board. The Plan calls for the development of one-hundred...

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