Board of Commissioners v. Toll Bros.

PALLADINO, Judge.

The Board of Commissioners of South Whitehall Township (Township) appeals an order of the Court of Common Pleas of Lehigh County (trial court) which directed the Township to issue building permits to Toll Brothers, Inc., on the terms of Township ordinances in effect when final plan approval was granted and to refund to Toll Brothers amounts paid under protest.

On stipulation of counsel, the trial court entered an order directing the case to be heard on briefs and oral argument. The undisputed facts of this case, as recited in the amended complaint of Toll Brothers and admitted…