Developer sought review of decision of township board of supervisors, which disapproved developer’s preliminary plan for a townhouse development. The Court of Common Pleas affirmed. Developer appealed.
The Commonwealth Court held that:
- Township acted in bad faith in its processing of developer’s preliminary plan, and
- Fact that developer’s property was not entirely within township’s sewer district and thus could not be served by public sewer did not render developer’s preliminary plan incapable of correction, and thus remand to township board of supervisors for review of plan was not futile.