Gemini Equipment Co. v. Board of Commissioners of Susquehanna Township

CRAIG, President Judge.

Gemini Equipment Company appeals from a decision of the Court of Common Pleas of Dauphin County which upheld a decision of the Board of Commissioners of Susquehanna Township denying Gemini’s proposed planned residential development (PRD). We affirm.

The issue in this case is whether an alleged -violation of § 708 of the Pennsylvania Municipalities Planning Code 1 (MPC), should result in the “deemed approval” of a PRD plan despite the absence of any deemed-approval provision in § 708.

The facts in this case, as found in Judge John C. Dowling’s opinion, are as follows. In…