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APPEAL GILLIES CORPORATION FROM RESOLUTION AND ORDER MILFORD TOWNSHIP ZONING HEARING BOARD. GILLIES CORPORATION (07/10/78)

decided: July 10, 1978.

IN RE: APPEAL OF GILLIES CORPORATION FROM THE RESOLUTION AND ORDER OF THE MILFORD TOWNSHIP ZONING HEARING BOARD. GILLIES CORPORATION, APPELLANT


Appeal from the Order of the Court of Common Pleas of Bucks County in case of In Re: Appeal of Gillies Corporation from the Resolution and Order of the Milford Township Zoning Hearing Board, No. 75-3106-07-5.

COUNSEL

Gregory S. Ghen, with him Stanford S. Hunn Associates, for appellant.

William Thatcher, with him Biehn & Thatcher, for appellee.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 36 Pa. Commw. Page 490]

Gillies Corporation (Gillies) appeals an order of the court of common pleas which quashed its appeal from a decision of the Milford Township Zoning Hearing Board (Board).

Gillies is the owner of 10.25 acres of land situate in Milford Township (Township). On January 15, 1973, the Board granted Gillies a Special Exception to construct apartment units on its property, subject to certain stated conditions. One in particular, Condition No. 6, provides that "no Zoning Permit shall be

[ 36 Pa. Commw. Page 491]

    issued by the Zoning Officer after January 15, 1975." On October 18, 1974, Gillies presented an application to the Board seeking modification of Condition No. 6. Gillies contended that the modification became necessary as a result of an alleged impossibility of compliance with Condition No. 3, which relates to the construction and approval of sewer facilities. On March 6, 1975, after hearings, the Board denied the requested modification due, in part, to its view that the modification was contrary to a zoning ordinance then pending in Milford Township. This action was appealed to the court below which, after argument, quashed the appeal upon motion of the Township as Intervening Appellee. Gillies seeks our review of that order.

In quashing the appeal, the court below stated:

[W]e are of the opinion that it was unnecessary and perhaps even improper for the Zoning Hearing Board to have considered the application to modify on its merits.

It next cited Section 915 of the Pennsylvania Municipalities Planning Code (Code), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. ยง 10915, which it felt was controlling. Section 915 of the Code reads, in part, as follows:

No person shall be allowed to file any proceeding with the board later than thirty days after any application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to ...


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