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J. CICCONE & SONS v. L. SAUCON T., Z.H.B.

No. 1392 C.D. 1987.

115 Pa.Commw. 238 (1988)

539 A.2d 942

Joseph Ciccone & Sons, Appellant v. Lower Saucon Township Zoning Hearing Board et al., Appellees.

Commonwealth Court of Pennsylvania.

April 6, 1988.

Attorney(s) appearing for the Case

Wesley M. Wasylik, Bartos, Broughal & Wasylik, for appellant.

George A. Heitczman, O'Hare & Heitczman, for appellee, Lower Saucon Township Zoning Hearing Board.

E. Keller Kline, III, Kline and Kline, for appellees, William D. Baker and Kathryn B. Baker and Steel City Fire Company and Community Association.

Argued February 25, 1988, before Judges CRAIG, McGINLEY and SMITH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 6, 1988:

Under §908(9) of the Pennsylvania Municipalities Planning Code (MPC),1 governing zoning hearing boards, which reads:

Where the board fails to . . . hold the required hearing within sixty days from the date of the applicant's request for hearing, the decision shall be deemed to have been rendered in favor of the applicant unless...

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