Center St. Luxury Apts. v. Bloomsburg ZHB

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CENTER STREET LUXURY : No. 21 MAL 2023 APARTMENTS, LLC, :

:

Petitioner : Petition for Allowance of Appeal from : the Unpublished Memorandum : Opinion and Order of the v. : Commonwealth Court at No. 908 CD : 2021 entered on December 15, : 2022, reversing the Order of the TOWN OF BLOOMSBURG ZONING : Columbia/Montour County Court of HEARING BOARD AND TOWN OF : Common Pleas at No. 2020-CV-918 BLOOMSBURG, : entered on July 16, 2021 :

Respondents :

ORDER

PER CURIAM DECIDED: August 9, 2023

AND NOW, this 9th day of August, 2023, the Petition for Allowance of Appeal

is GRANTED, LIMITED TO the following issue:

Whether the Commonwealth Court erred in failing to remand the matter to the [t]rial [c]ourt for consideration of the second issue raised by [Petitioner] in its appeal of the decision of the Zoning Hearing Board?

As we find the Commonwealth Court did not address Petitioner’s issue related to the

alleged bias of the Town of Bloomsburg Zoning Hearing Board, the Commonwealth

Court’s order is VACATED, and this matter is REMANDED to that court for consideration

of that issue. The Petition for Allowance of Appeal is DENIED as to Petitioner’s remaining

issue.