Legal Opinion

WeCare Organics, LLC v. Zoning Hearing Bd. of Schuylkill County

Commonwealth Court of Pennsylvania

Decided July 16, 2008No. 945 CD 2005PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY

Judge COHN JUBELIRER.

WeCare Organics, L.L.C. (WeCare) appeals the dismissal of its Action in Mandamus by the Court of Common Pleas of Schuylkill County (trial court). WeCare sought to compel the Zoning Hearing Board (ZHB) of Schuylkill County (County) to grant its application for a special exception on the grounds that the ZHB failed to issue a written opinion within 45 days of the final hearing in the matter, as required by Section 908(9) of the Pennsylvania Municipalities Planning Code (MPC). 1 This case is on remand from the Supreme Court, which vacated this Court’s original…

2Cases cited13 opinions

  1. City of Pittsburgh v. Pennsylvania Department of TransportationSupreme Court of Pennsylvania · 1980
  2. Foltz v. MonroevilleCommonwealth Court of Pennsylvania · 1972
  3. Pettit v. NamieCommonwealth Court of Pennsylvania · 2007
  4. Wistuk v. Lower Mt. Bethel Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2007
  5. Hogan, Lepore & Hogan v. Pequea Township Zoning BoardCommonwealth Court of Pennsylvania · 1994

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3Cited by6 opinions

  1. Kohn v. SCHOOL DIST. OF CITY OF HARRISBURGDistrict Court, M.D. Pennsylvania · 2011
  2. Maple Street A.M.E. Zion Church v. City of WilliamsportCommonwealth Court of Pennsylvania · 2010
  3. Gibraltar Rock, Inc. v. New Hanover Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2013
  4. Board of Commissioners Ex Rel. Gallagher v. KantnerCommonwealth Court of Pennsylvania · 2011
  5. V. Balentine, Individually and as Administratrix v. Chester Water AuthorityCommonwealth Court of Pennsylvania · 2016

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