Danwell Corp. v. Zoning Hearing Board

Opinion by

Judge Craig,

Landowners Dan well Corporation, Valley Forge Industries, Inc. and Asphalt Paving and Supply Company appeal from an order of the Court of Common Pleas of Montgomery County, dismissing their complaint in mandamus. The landowners had requested the trial court to order the Zoning Hearing Board of Plymouth Township to enter a deemed approval of their application for special exception because of the boards failure to render a decision within forty-five days of the hearing, as provided by section 908 of the Pennsylvania Municipalities Planning Code (MPC). 1 We affirm.

The key…