Board of Supervisors v. Fiechter

CRAIG, Judge.

The Board of Supervisors of West Marlborough Township appeals from an order of the Court of Common Pleas of Chester County, reversing a decision of the board that denied Frederick C. and Eleuthera C. Fiechter’s and M. Roy and Gretchen Jackson’s (landowners) application for subdivision approval because of the landowners’ refusal to dedicate 8V2 feet of road frontage property to the township.

The issue is whether a municipality has the power to require the dedication of additional right-of-way property along an abutting street as a condition precedent to subdivision approval where a…