Legal Opinion

Wingerden v. Kallatch

Commonwealth Court of Pennsylvania

Decided May 6, 1986No. Appeals, Nos. 1292 C.D. 1985 and 1193 C.D. 1985PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Judge Craig,

When a development applicant has received the statutory benefit of a deemed approval because of a zoning hearing boards delay in issuing its decision pursuant to an appeal initiated before it by objectors, when does the time limitation for the objectors’ appeal from that deemed decision begin to run?

In these cross-appeals from a mandamus decision by the Court of Common Pleas of Bucks County, the undisputed factual history is embodied in a stipulation, as well as in the pleadings. Developer Van Wingerden applied for and received development permission from Plumstead…

2Cases cited7 opinions

  1. Foltz v. MonroevilleCommonwealth Court of Pennsylvania · 1972
  2. Bucks County Housing Development Corp. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1979
  3. Appeal of FoltzCommonwealth Court of Pennsylvania · 1976
  4. Foltz v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1974
  5. Leech v. CaterCommonwealth Court of Pennsylvania · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Magyar v. Zoning Hearing Board of Lewis TownshipCommonwealth Court of Pennsylvania · 2005
  2. Yost v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1997
  3. Appeal of BuchsbaumCommonwealth Court of Pennsylvania · 1988
  4. Magyar v. ZONING HEARING BD. OF LEWIS TP.Commonwealth Court of Pennsylvania · 2005

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