Brauns v. Swarthmore Borough

Opinion by

Judge Kramer,

This is an appeal from a Final Order of the Court of Common Pleas of Delaware County affirming a Resolution of the Swarthmore Borough Council (Borough) which denied an application by Beulah Brauns (Brauns) for approval of a two-lot subdivision plan.

In 1940, Brauns, a widow, purchased a 58,015 square foot rectangular-shaped tract of land on Vassar Avenue in the Borough of Swarthmore. In that same year Brauns (and her late husband) constructed a residence located on the rear two-thirds of the lot. The lot and residence face onto Vassar Avenue, while to the rear of the lot…