Harvin v. Board of Commissioners

OPINION BY

Senior Judge KELLEY.

The Board of Commissioners (Board) of Upper Chichester Township (Township) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the appeal of Keith Harvin and Harvin Properties, LLC (Applicant) of the Board’s decision denying Landowner’s Application for Tentative Plan Approval (Application) of a Subdivision and Land Development Plan (Plan), and directing that the Plan may proceed as if approved subject to a number of conditions. We reverse the trial court’s order and reinstate the Board’s decision.

Applicant is the owner of a…