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IN RE CABOT BOULEVARD TRANSP. DEVELOPMENT

863 A.2d 1264 (2004)

In re CABOT BOULEVARD TRANSPORTATION DEVELOPMENT ORDINANCE NO. 02-12, adopted June 19, 2002 of Falls Township, Bucks County, Pa. Ludwig M. Koerte, Armour & Sons Partnership, MSL Langhorne, LLC, Boston Properties Limited Partnership, 58 Cabot, L.P., Consolidated Rail Corp. and Pennsylvania Lines LLC, v. Falls Township. Enterprise Leasing Company of Philadelphia, v. Falls Township. Appeal of Falls Township.

Commonwealth Court of Pennsylvania.

Decided December 29, 2004.

Attorney(s) appearing for the Case

David F. Conn, Trevose, for appellant.

Thomas P. Profy, III, Langhorne, for appellees Ludwig M. Koerte, et al.

Jason J. Sweet, King of Prussia, for appellee Enterprise Leasing Company of Phila.

BEFORE: FRIEDMAN, J., SIMPSON, J., and McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

Falls Township (Township) appeals from the order of the Court of Common Pleas of Bucks County (trial court) which held that Ordinance No. 02-12, adopted June 19, 2002, was ineffective. We affirm.

The Township adopted Ordinance No. 02-12 (Ordinance) for the purpose of establishing a transportation development district. To fund the project, the Ordinance provided for the imposition of special assessments on the benefited properties...

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