Shelbourne Square Assocs., L.P. v. Bd. of Supervisors, Twp. of Exeter, Berks County

In Shelbourne Square Assocs., L.P. v. Bd. of Supervisors, Twp. of Exeter, Berks County, 794 A.2d 946 (Pa. Cmwlth. 2002), the Court determined a local governing body's denial of a preliminary plan proposing a shopping center was proper where the plan did not comply with a subdivision ordinance requirement restricting direct access from the proposed shopping center to a major highway. The Court stated that while the governing body denied the plan based on numerous other technical defects that were correctable and did not warrant outright denial of the plan, the governing body's objection to the proposed highway access constituted a legitimate, substantive planning issue that justified denial.