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STINGRAY, L.P. v. CONCORD TP. ZONING

No. 260 C.D. 2008, No. 361 C.D. 2008, No. 389 C.D. 2008.

975 A.2d 1208 (2009)

STINGRAY, L.P., Appellant v. CONCORD TOWNSHIP ZONING HEARING BOARD and Concord Township and Chris A. Panarello, D.D.S. & Elaine L. Panarello, et al. Stingray, L.P. v. Concord Township Zoning Hearing Board, Corcord Township, Chris A. Panarello, D.D.S. & Elaine L. Panarello; Daniel R. Mochocki & Louise E. Mochocki; William Theodore Pleibel III & Barbara Ann Rossi Pleibel Appeal of: Chris A. Panarello, D.D.S. and Elaine L. Panarello, Daniel R. Mochocki and Louise E. Mochocki, and William Theodore Pleibel III and Barbara Ann Rossi Pleibel Stingray, L.P. v. Concord Township Zoning Hearing Board, Concord Township, Chris A. Panarello, D.D.S. & Elaine L. Panarello, et al. Appeal of: Concord Township.

Commonwealth Court of Pennsylvania.

Decided June 3, 2009.

Attorney(s) appearing for the Case

Donald T. Petrosa, Media, for designated appellant, Stingray, L.P.

Richard S. Clarkson, Jr., Woodlyn, for appellees, Chris A. Panarello, D.D.S., Elaine L. Panarello, Daniel R. Mochocki, Louise E. Mochocki, William Theodore Pleibel, III, and Barbara Ann Rossi Pleibel.

BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Stingray, L.P. (Stingray) appeals an order of the Court of Common Pleas of Delaware County (trial court) that will allow Stingray to construct a private road and bridge over a creek that are needed to provide access to its proposed cluster residential development. The order will limit the number of homes in the development to five, i.e., the limit for a development served by a private road. Stingray asserts that because its private...

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