Borough of Brookhaven v. Zoning Hearing Board

Opinion by

Judge Cbaig,

In. this zoning case, the Borough of Brookhaven questions an order, by the Court of Common Pleas of Delaware County, which quashed the borough’s appeal from a decision of the Brookhaven., Borough Zoning Hearing Board (board) on the ground that .the appeal was not timely, under Foltz v. Zoning Hearing Board of Monroeville, 13 Pa. Commonwealth Ct. 309, 318 A.2d 410, 412 (1974), because filed more than thirty days after a date of. deemed approval under Section 908(9) of the Pennsylvania Municipalities Planning Code (MPC),1 the section which"mandates such an approval where…