Hines Nurseries, Inc. T/A/ Hines Color v. Plumstead Township Brd of Supervisors (Concurring Statement)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT HINES NURSERIES, INC., t/a HINES COLOR v. PLUMSTEAD TOWNSHIP BOARD OF SUPERVISORS PETITION OF: ARI VAN WINGERDEN : : : : : : : : : : : : : No. 440 MAL 2004 Petition for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court (en banc, per Cohn, J.), dated February 20, 2004, affirming the Order of the Court of Common Pleas of Bucks County (Rufe, J.), dated February 11, 2002. CONCURRING STATEMENT MR. JUSTICE SAYLOR I agree with the decision to reverse the Commonwealth Court s order in this matter, but would not foreclose the use of a court-approved stipulation that ends pending litigation, in certain instances, as a basis for the denial of plat approval under Section 508 of the Municipalities Planning Code. See 53 P.S. §10508. As the Commonwealth Court dissent observed, however, the stipulation upon which the Plumstead Township Board of Supervisors relied in the present matter is not material to Petitioner s application for a lot line change and, thus, cannot serve a basis for denying that application pursuant to Section 508.

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