A trial court must have a sufficiently developed record in order to determine that a party has acted in bad faith in a dispute over a land development plan, the Commonwealth Court has ruled.
A unanimous three-judge panel issued an unreported opinion June 13 in Hillandale Gettysburg v. Board of Supervisors of Codorus Township that vacated a lower court’s ruling in the absence of a record needed to settle the issue of bad faith. The case stemmed from Hillandale’s plan for the construction of a poultry processing facility that was denied by Codorus Township in York County, and the trial court’s finding of bad faith on the part of the township.
