Brown v. Borough Council

Opinion by

Judge Colins,

John F. Brown (appellant) appeals an August 28, 1984 order of the Lehigh County Court of Common *12Pleas, which dismissed his exceptions to an Order of Court dated September 16, 1983, denying his requested mandamus relief. The critical issue before this Court is whether appellant’s application for a subdivision plan was deemed approved by the Emmaus Borough Council (Council) because of noncompliance with the mandatory notice requirements of Section 508 of the Pennsylvania Municipalities Planning Code (Code),1 or whether presence at a public hearing on the application, plus…