Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors

Dissenting OPINION BY

Judge FRIEDMAN.

I respectfully dissent. Unlike the majority, I believe the decision of the Plum-stead Township (Township) Board of Supervisors (Board) fails to comport with section 508(2) of the Pennsylvania Municipalities Planning Code (MPC).1 Therefore, I agree with Ari Van Wingerden’s (Van Wingerden) argument that the Subdivision and Land Development Application (Application) filed by Hines Nurseries, Inc., t/a Hines Color (Hines) should be deemed approved without conditions. On this basis, I would reverse the trial court’s order.

Compliance with section 508(2) of the…