Luke v. Cataldi

OPINION BY

Judge LEAVITT.1

This case is on remand from the Supreme Court of Pennsylvania. Previously, on August 15, 2003, we affirmed an order of the Court of Common Pleas of Armstrong County (trial court) that had dismissed Appellants’ complaint in mandamus. Luke v. Cataldi 830 A.2d 655 (Pa.Cmwlth.2003), appeal granted, cause remanded, 579 Pa. 424, 856 A.2d 767 (2004) (Luke I). We did so based on our determination that Appellants, who sought to have a conditional use permit voided ab initio, had, but failed to avail themselves of, an adequate statutory remedy. The Supreme Court granted…