Borough of Franklin Park v. Atlas Development Co.

Opinion by

Judge Doyle,

The Boroug'h of Franklin Park (Borough) appeals the order of the Court of Common Pleas of Allegheny Count3 sustaining the appeal of Atlas Development Company (Atlas) and J. Richard Porter and Elizabeth Porter (the Porters) from the decision of the Borough Council to reject Atlas’ preliminary subdivision plan (Plan). The trial court’s order further required that Atlas’ Plan not be rejected for failure to *419comply with certain conditions imposed by the Borough Council.

At the time that Atlas submitted its Plan to Borough Council, it was the equitable owner of a tract of land…