Zoning Hearing Board v. Marchesini

CRAIG, Judge.

This appeal1 by Wyoming Borough is from the order of the Luzerne County Court of Common Pleas which reversed the Borough Council’s decision denying the request of David J. and Eve Marchesini (landowners) to remove sand and gravel from their property. The sole issue on appeal is whether the trial court erred in concluding that the landowners’ request was “deemed approved” pursuant to Section 908(9) of Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10908(9).2 The order of the trial court must be reversed.

*251The landowners…