Panzone v. FAYETTE COUNTY ZONING HEARING BOARD

OPINION BY

Judge SIMPSON.

In this zoning case, the Fayette County Zoning Hearing Board (ZHB) asks whether the Court of Common Pleas of Fayette County (trial court) erred in sustaining Donald Panzone’s (Landowner) land use appeal after a de novo hearing at which no one appeared on behalf of the ZHB. The ZHB asserts a remand is necessary because its solicitor did not receive notice of the order scheduling the de novo hearing, and, therefore, it did not have an opportunity to participate in the hearing. Because the record supports the ZHB’s assertion that it did not receive notice of the trial…