Greth Development Group, Inc. v. Zoning Hearing Board of Lower Heidelberg Township

OPINION BY

Judge LEAVITT.

Greth Development Group, Inc., appeals an order of the Court of Common Pleas of Berks County (trial court) denying Greth’s application for a special exception. The trial court, affirmed the decision of the Zoning Hearing Board of Lower Heidelberg Township (Board) that Greth failed to show that there would be adequate sewage treatment capacity for its project. To *184reach this conclusion the Board allocated existing sewage capacity to another pending project, thereby reducing the remaining capacity below what was needed for Greth’s proposed special exception use. In this…