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RAYMOND RUSSO v. ZONING HEARING BOARD PERKIOMEN TOWNSHIP (02/20/87)

decided: February 20, 1987.

RAYMOND RUSSO, APPELLANT
v.
ZONING HEARING BOARD OF PERKIOMEN TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of Raymond Russo v. Zoning Hearing Board of Perkiomen Township, No. 83-07806, and in the case of Appeal of Raymond Russo (formerly with Carl D. Burg, who has withdrawn) v. From Decision of The Perkiomen Township Zoning Hearing Board, No. 86-3112, dated June 1, 1986.

COUNSEL

Marc D. Jonas, Silverman, Jonas & Lawrence, for appellant.

Frank R. Bartle, Dischell, Bartle, Yanoff & Dooley, for appellee.

John F. Walsh, Philip R. Detwiler & Associates, P.C., for intervenor, Perkiomen Township Board of Supervisors.

James J. Heffernen, for intervenor, Cranberry Corporation.

Judges MacPhail and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 104 Pa. Commw. Page 156]

Appellant, Raymond Russo, appeals from an order of the Court of Common Pleas of Montgomery County which dismissed his appeals from the trial court's approval of the decision of the Zoning Hearing Board of Perkiomen Township (Zoning Hearing Board) affirming the Perkiomen Township Board of Supervisor's (Board of Supervisors) approval with conditions of an application from the Cranberry Corporation for a planned residential development.

On December 7, 1976, Cranberry Corporation submitted to the Supervisors an application for tentative approval of a planned residential development. Following public hearings, the Board of Supervisors unanimously voted to reject the application. On appeal, the trial court remanded the matter to the Board of Supervisors, directing it to make adequate findings of fact and conclusions of law. On April 10, 1979, the Board of Supervisors granted tentative approval subject to certain conditions.

Russo, a neighboring landowner, filed an appeal from the Board of Supervisors' decision with the Zoning Hearing Board. The Zoning Hearing Board filed a petition for declaratory judgment in the trial court seeking a determination as to whether it had jurisdiction to act on Russo's appeal. Russo filed a complaint in mandamus in the trial court, asking the court to require the Zoning Hearing Board to hold hearings on the appeal. These cases were consolidated for appeal, and in 1985 the trial

[ 104 Pa. Commw. Page 157]

    court remanded the 1979 appeal to the Zoning Hearing Board for a hearing. The Zoning Hearing Board held a hearing, and on February 10, 1986, issued a decision approving the decision of the Board of Supervisors. Russo appealed the decision to the trial court.

During the pendency of the Zoning Hearing Board's petition for declaratory judgment and Russo's complaint in mandamus in the trial court, Cranberry Corporation filed an appeal in the trial court from the Board of Supervisors' grant of tentative approval subject to conditions, alleging that the conditions were onerous. The trial court dismissed the appeal on October 10, 1979, on the ground that Cranberry Corporation had failed to timely notify the Board of Supervisors of its objections to the ...


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