Legal Opinion

PPM Atlantic Renewable v. Fayette County Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided May 3, 2011No. 1431 C.D. 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this complex zoning case, we confront the impact of an objector’s failure to either appeal from or satisfy an order to post bond as a condition of continuing with an appeal from the trial court’s decision on the merits.

Thomas J. Bozek (Objector) asks whether the Court of Common Pleas of Fayette County (trial court) erred in reversing a decision of the Fayette County Zoning Hearing Board (ZHB). 1 After an initial remand to the ZHB, the trial court granted PPM Atlantic Renewable’s (Applicant) requests for numerous special exceptions and setback variances, subject to…

2Cases cited8 opinions

  1. Freed v. Geisinger Medical CenterSupreme Court of Pennsylvania · 2009
  2. Freed v. Geisinger Medical CenterSupreme Court of Pennsylvania · 2010
  3. In re the Appeal of Farmland Industries, Inc.Commonwealth Court of Pennsylvania · 1987
  4. Rickert v. Latimore TownshipCommonwealth Court of Pennsylvania · 2008
  5. Cleary v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2007

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3Cited by1 opinion

  1. PPM Atlantic Renewable v. Fayette County Zoning Hearing BoardSupreme Court of Pennsylvania · 2013

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