Kaufman & Broad, Inc. v. Board of Supervisors

Opinion by

Judge Mencer,

Katamoonchink Corporation (petitioner) has appealed from a decision of the Court of Common Pleas of Chester County which ordered partial approval of a development plan which had been rejected by the Board of Supervisors of West Whiteland Township (Board) in the context of curative amendment proceedings. We modify and affirm.

This controversy began in 1974 when the petitioner’s predecessor-in-title, Kaufman and Broad, Inc., submitted a curative amendment to the Board, pursuant to Section 1004 of the Pennsylvania. Municipalities Planning Code (MPC), Act of July 31, 1968,…