Pham v. Upper Merion Township Zoning Hearing Board

OPINION BY

Judge PATRICIA A. McCullough.

Anh Pham and Roland W. Muller, husband and wife, (Appellants) appeal from the November 25, 2013 order of the Court of Common Pleas of Montgomery County (trial court) which affirmed the decision of the Upper Merion Township Zoning Hearing Board (ZHB). The ZHB’s decision reflects a tie vote of the ZHB’s members, which has the effect of maintaining the status quo, i.e., a denial of Appellants’ request for a use variance. Section 906 of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10906.1

Appellants…