Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors

Supreme Court of Pennsylvania

Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors

861 A.2d 260, 580 Pa. 357, 2004 Pa. LEXIS 2469

Supreme Court of Pennsylvania·Decided October 20, 2004·Published

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ORDER

PER CURIAM.

AND NOW, this 20th day of October 2004, the Petition for Allowance of Appeal is GRANTED, limited to the following issue: whether 53 P.S. § 10508(2) can be satisfied where the Board denies an application as filed and cites to a prior stipulation as the reason. The order of the Commonwealth Court is REVERSED. See Coretsky v. Board of Commissioners of Butler Township, 520 Pa. 513, 555 A.2d 72, 74 (1989) (when Board fails to cite to statute or ordinance to explain why application was denied, the application is deemed approved as filed), and 53 P.S. § 10508(3) (same). Petitioner’s remaining issue is DENIED.

Justice SAYLOR files a Concurring Statement.

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ORDER

PER CURIAM.

AND NOW, this 20th day of October 2004, the Petition for Allowance of Appeal is GRANTED, limited to the following issue: whether 53 P.S. § 10508(2) can be satisfied where the Board denies an application as filed and cites to a prior stipulation as the reason. The order of the Commonwealth Court is REVERSED. See Coretsky v. Board of Commissioners of Butler Township, 520 Pa. 513, 555 A.2d 72, 74 (1989) (when Board fails to cite to statute or ordinance to explain why application was denied, the application is deemed approved as filed), and 53 P.S. § 10508(3) (same). Petitioner’s remaining issue is DENIED.

Justice SAYLOR files a Concurring Statement.

Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors, 861 A.2d 260, 580 Pa. 357, 2004 Pa. LEXIS 2469 (Pa. 2004).

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861 A.2d 260 (Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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