HYK Construction Co. v. Smithfield Township

OPINION BY

Senior Judge KELLEY.

Smithfield Township (Township) and the Board of Supervisors of Smithfield Township (Board) (collectively, Appellants) appeal from a final order of the Court of Common Pleas of Monroe County (trial court), which granted the equitable relief requested by HYK Construction Company, Inc. (HYK) by appointing an independent hearing examiner to hold conditional use hearings on HYK’s conditional use application and denying party litigant status to Smithfield Township Environmental Advisory Council (EAC). We vacate and remand.

The facts of this case are as follows. On April…