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KASSOUF v. TOWNSHIP OF SCOTT

883 A.2d 463 (2005)

Elias N. KASSOUF, Appellant, v. The TOWNSHIP OF SCOTT, Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Daniel F. Gramc, Pittsburgh, for Elias N. Kassouf.

Robert L. McTiernan, Richard B. Tucker, III, Pittsburgh, for Scott Township.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

This appeal presents this Court with an opportunity to address what is required of a municipal authority pursuant to Section 508 of the Municipalities Planning Code ("Code" or "MPC"), 53 P.S. § 10101 et seq., when it rejects a subdivision plan submitted by a developer. Both the Court of Common Pleas and the Commonwealth Court found that the township commissioners who rejected the subdivision plan in this instance...

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