NEWTOWN SQUARE EAST v. NAT. REALTY CORP.

Nos. 2390 C.D. 2010, 137 C.D. 2011

38 A.3d 1018 (2011)

NEWTOWN SQUARE EAST, L.P., Appellant v. NATIONAL REALTY CORPORATION, Zoning Hearing Board of Newtown Township, Newtown Twp., BPG Real Estate Investors Straw PRT, Campus Investors Office B LP, Campus Investors 25 LP, Campus Investors 1 Building LP, Campus Investors H Building LP, Campus Investors D Building LP, Campus Investors Cottages LP, Campus Investors Office 2B LP, Ellis Preserve Owners Assoc. Inc., Kelly Preserve Owners Assoc. Inc., Cottages at Ellis Owners Assoc. Inc., Genber/Management Campus LLC, Berwind Property Group LTD, Executive Benefit Partnership Campus LP, Management Partnership-Benefit and Ellis Acquisition LP. Newtown Square East, L.P., Appellant v. Zoning Hearing Board of Newtown Township, National Realty Corporation, Newtown Township, BPG Real Estate Investors Straw PRT, Campus Investors IFFICE B LP, Campus Investors 25 LP, Campus Investors 1 Building LP, Campus Investors H Building LP, Campus Investors D Building LP, Campus Investors Cottages LP, Campus Investors Office 2B LP, Ellis Preserve Owners Assoc. Inc., Kelly Preserve Owners Assoc. Inc., Cottages at Ellis Owners Assoc. Inc., Genber/Management Campus LLC, Berwind Property Group Ltd., Executive Benefit Partnership Campus LP, Management Partnership-Benefit, Ellis Acquisition LP.

Commonwealth Court of Pennsylvania.

Decided December 29, 2011.


Attorney(s) appearing for the Case

Arlen Specter , Philadelphia, John W. Nilon, Jr. , Media, and Nancy L. Winkelman , Philadelphia, for appellant.

Marc B. Kaplin , Blue Bell, for appellee BPG Real Estate Investors.

Richard C. Sokorai , Norristown, and Vincent B. Mancini , Media, for appellee Zoning Hearing Board of Newtown Township.

BEFORE: LEADBETTER, President Judge, and BROBSON, Judge, and KELLEY, Senior Judge.


OPINION BY Judge BROBSON.

In these consolidated appeals, Appellant Newtown Square East, L.P. (NSE) appeals from several orders of the Court of Common Pleas of Delaware County (trial court). The orders pertain to NSE's validity challenge to the Planned Residential Development (PRD) Ordinance enacted by Newtown Township (the Township) in 2009 (PRD Ordinance), and to the trial court's imposition of an appeal bond on NSE.1

In the appeal...

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