Petrone v. Board of Commissioners

Opinion by

Judge Mencer,

Roger Petrone, Frank F. Leoni, and Robert R. Young, trading as Beaver Creek Enterprises (appellants), and the Board of Commissioners of Swatara Township, Dauphin County (appellee), have brought before this Court a question of first impression, the resolution of which renders moot all of the other issues raised in this appeal. In essence, they ?sk whether the 4-4 split vote of the Board of Commissioners constituted a timely denial. of approval of appellants’ development plan. We hold that it does not and therefore limit our discussion to the reasoning behind this…