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Developer appeals board decision

The saga of Dartmoor Estates continues.

Maronda Homes attorney James McLean last week filed an appeal of the North Huntingdon board of commissioners' decision to deny approval of Phase 3 of the Dartmoor Estates development. McLean filed the appeal in front of Westmoreland County Court of Common Pleas Judge William J. Ober.

The commissioners voted 4-3 at their regular January meeting to deny Phase 3 following repeated requests by residents who live in the housing development. The residents want Maronda Homes to put in a second access road to the plan, and they wanted the township to deny approval of Phase 3 until Maronda agrees to build the second access road.

While McLean did not respond to repeated calls about the reasons behind the appeal, North Huntingdon township solicitor Bruce Dice said he believes Maronda's grounds for appeal were fairly obvious. "I believe they're probably opining to the position that Phase 3 has nothing do with the phase that has the road in it," said Dice.

Either way, it could be some time before the case is decided, and it's still unclear what effect the appeal will have on the proposed road.

"There's a process here," Dice said. The township must now present to the court minutes of meetings and other documents showing the decision process behind the denial.

"When you deny somebody you have to point to the reason for denial," Dice said.

The court will then schedule a conference to discuss the matter, and if the judge deems it necessary, will order both sides to prepare briefs and set hearing dates. Dice said the entire process could take between three and nine months.

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