We Listen.

Case Summaries

Over the next few posts we’ll be including some case summaries that may be helpful to you and your land development planning. 

 

McGrath Construction, Inc. v. Upper Saucon Township Board of Supervisors, 1358 C.D. 2007 (Pa. Commw. Ct. 2008).

 

In McGrath, the Commonwealth Court, discussed the granting of approval of a plan conditioned on sewer service for the proposed development.  Traditionally, where an outside agency’s approval is needed (i.e. for sewer service) a municipality must condition final approval of the development on obtaining the permit from that agency and not just deny the development plan.  Here, however, the Court found that in order for the applicant to provide certification of sewer capacity (i.e. to get the outside approval) it had to engage in an adversarial process against the very Township reviewing the plan to change its ordinance.  So, the Court determined the municipality was not required to condition approval of the plan on an amendment to the Act 537 Plan.  As a result of this decision, municipalities and developers have additional considerations during the plan approval process about the conditions a Township may place on a plan approval. 

 

For more information on how this case may affect your development, please contact our office.

 

Share on Social Media
  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • Email

Leave a Reply

Sophisticated, Responsive and Focused.

  • “At Unruh Turner Burke & Frees, the client’s objective is never lost in the details and as a result, even complex deals get done quickly and efficiently..."

    Read More...

  • “Unruh Turner Burke & Frees has been a tremendous resource to me and my team throughout the past 17+ years. This highly-talented group delivers the...”

    Read More...

  • “Unruh Turner Burke & Frees has been a trusted source of advice and counsel on all levels of governmental law and regulation, from zoning and land use...”

    Read More...

  • "Our Trust Department has utilized Unruh Turner Burke & Frees’ expertise for several years to assist our clients with their overall estate plans. They..."

    Read More...

  • “Over the last 25 years Unruh Turner Burke & Frees has represented our residential building and development enterprise in many capacities including real..."

    Read More...

  • "Based on my long-term relationship with Unruh Turner Burke & Frees, I can wholeheartedly recommend its services to any business owner who wishes to work with...”

    Read More...

  • “We recently hired Unruh Turner Burke & Frees to handle a conditional use application for our Chestnut Street Lofts apartment project in downtown West Chester..."

    Read More...

  • “I have been working with Unruh Turner Burke & Frees for many years. They have provided legal counsel in the areas of Estate Planning, Land Use, Litigation and...”

    Read More...

  • “I have relied on the firm's legal advice to make critical decisions on handling family wealth and making appropriate decisions for my family's future.”

    Read More...

  • “… This highly-talented group delivers the highest quality legal work and brings real-world experience in a very cost-effective manner…”

    Read More...

  • "If there is an issue facing a municipality, Unruh Turner Burke & Frees is the source for sound guidance and direction.”

    Read More...

  • “…They have provided legal counsel in the areas of Estate Planning, Land Use, Litigation and Real Estate. In every one of those areas I have been blessed with great ...”

    Read More...

  • "Whether we are competing in a strong market or working through a declining market, it has always been reassuring to know that Unruh Turner Burke & Frees has both..."

    Read More...

meet our elite team
West Chester, PA
17 West Gay Street
P.O. BOX 515
West Chester, PA 19380
(610) 692-1371
Phoenixville, PA
120 Gay Street
P.O. Box 289
Phoenixville, PA 19460
(610) 933-8069
Paoli, PA
43 Leopard Road, Building II
Suite 302
Paoli, PA 19301
(610) 240-0750