Summary
In Gettys v. Dillsburg Borough Council, 7 Pa. Commw. 519, 300 A.2d 805 (1973), we held a mobile home park plan to be a "subdivision" plan and, therefore, the above-quoted Code provision clearly applies to the mobile home park plan here.
Summary of this case from Vogel v. Hopewell Twp. Bd. of SOpinion
Argued December 4, 1972
February 9, 1973.
The Commonwealth Court of Pennsylvania affirmed the order of the Court of Common Pleas of York County upon the opinion of the court below.
Argued December 4, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.
Appeal, No. 262 C.D. 1972, from the Order of the Court of Common Pleas of York County in case of Fred A. Gettys and Yvonne W. Gettys, his wife v. Dillsburg Borough Council and Baird D. Knaub, President of Dillsburg Borough Council, and Beverly A. Davis, Secretary of Dillsburg Borough Council, No. 125 May Term, 1972.
Complaint in mandamus in the Court of Common Pleas of York County to compel approval of plan for trailer park. Defendants filed preliminary objections. Plaintiffs filed motion for summary judgment. Motion for summary judgment granted without prejudice to right of defendant to pursue preliminary objections or of plaintiff to seek additional relief prayed for. SHADLE, J. Defendants appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
P. Nelson Alexander, with him Alexander Alexander, for appellants.
Keith A. Clark, with him John G. Williams, William K. Wright and Shumaker, Williams Placey, for appellees.
The order of the Court of Common Pleas of York County, requiring the appellants to note their approval upon appellees' preliminary plan to establish a mobile home development, is hereby affirmed upon the opinion of Judge ROBERT I. SHADLE, which is reported in 85 York Legal Record 193 (1972).