Hammond v. Zoning Hearing Board

CRAIG, Judge.

Richard C. Hammond appeals from an order of Judge Peter J. O’Brien of the Court of Common Pleas of Monroe County that affirmed the order of the Zoning Hearing Board of the Borough of Stroudsburg denying Hammond’s application for a special exception to change from one nonconforming use to another.

The issues as framed by Hammond are (1) procedurally, whether the application should be deemed approved under the provisions of section 908(9) of the Pennsylvania Municipalities Planning Code (MPC),1 where the board issued a written decision containing findings of fact and conclusions of…