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MOUNTAIN VILLAGE v. BD. OF SUPERVISORS

874 A.2d 1 (2005)

MOUNTAIN VILLAGE, Appellee v. The BOARD OF SUPERVISORS OF LONGSWAMP TOWNSHIP, Appellant.

Supreme Court of Pennsylvania.

Decided May 16, 2005.

Attorney(s) appearing for the Case

Richard L. Orwig, Reading, Jill E. Nagy, for Bd. of Supervisors of Longswamp Township.

Stephen J. Dzuranin, Thomas L. Wenger, Harrisburg, Jeffrey Concini Clark, for Pennsylvania State Association of Township Supervisors.

David E. Turner, Lynne K. Beust, Wyomissing, for Mountain Village.

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

OPINION

Justice NEWMAN.

In this case, we determine whether a municipality that incurred legal fees in 1998 in reviewing a land development plan can pass those costs on to the project applicant. For the reasons that follow, we find that the municipality cannot assess its legal fees to the developer and, as a result, we affirm the Order of the Commonwealth Court, which reversed the Order of the Court of Common Pleas of Berks County (trial court) and...

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