Wynnewood Company v. Board of Supervisors of Whitemarsh Township

In Wynnewood Company v. Board of Supervisors of Whitemarsh Township, 24 Pa. D. & C. 3d 216 (1980), affirmed, 71 Pa. Commw. 559, 455 A.2d 742 (Pa. Cmwlth. 1983), a preliminary subdivision plan was approved, but the final subdivision plan was denied because of defects in the plan identified by township staff. The final plan revealed substantial differences in the contour of the land that were not apparent on the preliminary plan. The trial court affirmed the township's disapproval, explaining as follows: First, the landowner's revised final plan does not conform to its preliminary plan. The landowner's preliminary plan gave the impression that the subject area could be easily developed. However, when the revised final plan was presented, dramatic differences in contour were revealed for the first time. In fact, the differences were sufficiently significant to suggest that the landowner may have been attempting to mislead the board. Second, the revised final plan described numerous other defects including ones relating to on-lot grading and the existence of excessively steep slopes. These defects were not present nor discoverable in the landowner's preliminary plan by virtue of the fact that greater detail is required for final plans. 24 Pa. D.&C. 3d at 218. In Wynnewood, the "defects" in the final plan were significant; not present or discoverable on the preliminary plan; and raised the suspicion that the landowner was engaging in deception.