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POCONO S. CORP. v. BEAR CR. TWP.

No. 2189 C.D. 1987.

119 Pa.Commw. 594 (1988)

547 A.2d 846

Pocono Sales Corp., Appellant v. Bear Creek Township et al., Appellees.

Commonwealth Court of Pennsylvania.

September 20, 1988.

Attorney(s) appearing for the Case

Ronald M. Lucas, Tive, Hetrick & Pierce, P.C. for appellant.

Glenn G. Yanik, with him, Peter J. Hoegen, Jr., Hoegen, & Marsh, for appellee.

Argued April 19, 1988, before Judges CRAIG and BARRY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, September 20, 1988:

Pocono Sales Corporation appeals a decision of the Court of Common Pleas of Luzerne County, dismissing Pocono's complaint in mandamus, and refusing to find that Pocono's application to the Zoning Hearing Board of Bear Creek Township must be deemed to be approved.

This appeal presents two issues. The first issue is whether Pocono amended its application to...

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