Overlook Associates v. Borough Council

CASSIMATIS, J,

Presently before this court is the petition for a rule to show cause of Overlook Associates why the court should not take additional evidence or refer to a referee the matter of a disapproval by the Borough Council of the Borough of New Freedom of a preliminary plan pursuant to 53 P.S. §11005-A.

Overlook filed a notice of appeal on November 16, 1988, from a decision of New Freedom dated October 17, 1988 on the grounds that the disapproval of the preliminary plan was arbitrary, capricious, an abuse of discretion, contrary to law, violative of appellant’s rights and made in bad…