DANWELL CORP. v. Z.H.B., PLYMOUTH T.

No. 589 C.D. 1986.

108 Pa.Commw. 531 (1987)

529 A.2d 1215

Danwell Corporation, Valley Forge Industries, Inc., and Asphalt Paving and Supply Company, Appellants v. Zoning Hearing Board of Plymouth Township, D. Francis Pagnotti, William D. Culp, Bernard Toth and Charles P. Grohoski, Appellees.

Commonwealth Court of Pennsylvania.

August 20, 1987.


Attorney(s) appearing for the Case

Edward J. Hughes, with him, John G. Kaufman, for appellants.

Herbert F. Rubenstein, for appellee, Plymouth Township Zoning Hearing Board.

Arthur Lefkoe, Wisler, Pearlstine, Talone, Craig and Garrity, for appellee, Plymouth Township.

Argued June 8, 1987, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 20, 1987:

Landowners Danwell Corporation, Valley Forge Industries, Inc. and Asphalt Paving and Supply Company appeal from an order of the Court of Common Pleas of Montgomery County, dismissing their complaint in mandamus. The landowners had requested the trial court to order the Zoning Hearing Board of Plymouth Township to enter a deemed approval of their application for special exception because of the board's failure to render a decision...

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