Tobin v. Radnor Township Board of Commissioners

BYER, Judge.

This case presents the question: “What is a street?”. More specifically, the issue is whether Cornwall Lane in Radnor Township, an unimproved and unopened “paper street,” 1 is a street for purposes of Radnor’s subdivision ordinance, ordinance no. 120-43E, which provides “each lot shall have at least twenty (20) feet of frontage on a street____” We hold that Cornwall Lane is not a “street” within the meaning of this ordinance.

I. BACKGROUND

Appellants are the Radnor Township Board of Commissioners and Peter A. and Felicity R. Benoliel, owners of property abutting Cornwall Lane. The…