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T.H. PROPERTIES LP v. UPPER SALFORD TOWNSHIP BD. OF SUP'RS

No. 69 C.D. 2008

970 A.2d 495 (2009)

T.H. PROPERTIES, L.P. v. UPPER SALFORD TOWNSHIP BOARD OF SUPERVISORS, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 11, 2009.

Ordered Published May 1, 2009.

Attorney(s) appearing for the Case

Catherine M. Harper, Fort Washington, for appellant, Upper Salford Township Board of Supervisors.

J. Edmund Mullin, Lansdale, for appellee, T.H. Properties, L.P.

BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

The Upper Salford Township Board of Supervisors (Board) appeals from the order of the Court of Common Pleas of Montgomery County approving a stipulated settlement between the prior Board, referred to as a "lame duck" Board, and T.H. Properties, L.P. (Developer) in a pending land use appeal. The Board argues that the previous Board could not bind its successor by entering into a comprehensive zoning agreement at the end of its term. The...

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