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JOSEPH C. STUMP AND GLENDORA M. STUMP v. WEST MANCHESTER TOWNSHIP ZONING HEARING BOARD (12/12/86)

decided: December 12, 1986.

JOSEPH C. STUMP AND GLENDORA M. STUMP, HIS WIFE, APPELLANTS
v.
WEST MANCHESTER TOWNSHIP ZONING HEARING BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of York County in the case of Joseph C. Stump and Glendora M. Stump, his wife v. West Manchester Township Zoning Hearing Board, No. 85-SU-02477-08.

COUNSEL

Kenneth J. Sparler, for appellants.

Ronald L. Hershner, Blakey, Yost, Bupp & Schaumann, for appellee.

Judges Craig and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 102 Pa. Commw. Page 445]

Landowners Joseph C. and Glendora M. Stump appeal from a decision of the Court of Common Pleas of York County granting summary judgment in favor of the West Manchester Township Zoning Hearing Board. Judge John T. Miller dismissed the landowners' mandamus complaint which asserted that the board had failed to render a written decision on their application for a variance, entitling them to a deemed decision in their favor under section 908(9) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. ยง 10908(9). We affirm.

[ 102 Pa. Commw. Page 446]

In February, 1985, the landowners filed an application requesting that the board grant a variance of the zoning requirements relating to road frontage. The board held a hearing on the landowners' application on March 26, 1985.

On March 29, 1985, the board published a notice in the York Dispatch, a newspaper of general circulation, relating to cases heard at the board's March 26, 1985 meeting.

In pertinent part, the notice stated:

The following decisions were rendered by the West Manchester Township Zoning Hearing Board after receipt of testimony on March 26, 1985 . . .

ZHB85-15 Joseph C. Stump, RD 10 West College Avenue, VARIANCE: Reduced lot frontage from 150' to 1' prior to subdivision in R-A zone. DENY: Hardship is financial in nature.

Appeals to court from the decision of the Zoning Hearing Board may be taken by any party aggrieved by appeal filed not later than thirty (30) ...


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