Coretsky v. Board of Commissioners

OPINION

ZAPPALA, Justice.

In this appeal we are asked to address a very limited issue, whether the requirements set forth in § 10508 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 508, as amended, 53 P.S. § 10508 are mandatory. The facts are not in dispute.

The Appellee is the owner of a parcel of land which was part of a previously recorded subdivision plan. Because he wished to join together three of his lots into one, thereby dividing his undeveloped land into two lots, the Appellee was required to submit an application for subdivision plan approval to Butler…