Joseph A. Puleo & Sons, Inc. v. Borough Council

Opinion by

Judge Crumlish, Jr.,

The Borough Council of Phoenixville appeals the order of the Court of Common Pleas of Chester County which directed the Borough to approve a subdivision plan of a certain tract of land submitted by Joseph Puleo & Sons, Inc.

Puleo had submitted an application to the Borough’s Planning Commission on October 15, 1970 to get approval of a plan to subdivide certain property there. On November 24, 1970, which was the fortieth day after the submission of the application, Council re jected the application. At that meeting at least one of the shareholders of the applicant…