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BD. OF S., VENANGO TWP. v. RADU

No. 2150 C.D. 1985.

103 Pa.Commw. 363 (1987)

520 A.2d 514

Board of Supervisors of Venango Township, Erie County, Pennsylvania, Appellant v. Thomas Radu, Appellee.

Commonwealth Court of Pennsylvania.

January 29, 1987.

Attorney(s) appearing for the Case

Harry Faber White, II, with him, David W. Tyree, Jorden and White, for appellant.

Thomas E. Kuhn, Gifford, Lay, Johnson & Ridge, for appellee.

Submitted on briefs June 13, 1986, to Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, January 29, 1987:

Appellant, the Board of Supervisors of Venango Township, appeals an order of the Court of Common Pleas of Erie County, ordering the Board of Supervisors to issue a conditional use permit to appellee, Thomas Radu, as a "deemed decision." We vacate and remand to the trial court.

In May, 1984, appellee sought a conditional use permit from the Board of Supervisors to operate a tavern in an R-1 residential district...

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