Board of Supervisors of Venango Township v. Radu

Opinion by Senior Judge Kalish,

Appellant, the Board of Supervisors of Venango Township, appeals an order of the Court of Common Pleas of Erie County, ordering the Board of Supervisors to issue a conditional use permit to appellee, Thomas Radu, as a “deemed decision.” We vacate and remand to the trial court.

In May, 1984, appellee sought a conditional use permit from the Board of Supervisors to operate a tavern in an R-l residential district. A hearing was held on July 2, 1984, and a decision of denial was mailed to appellee on August 23, 1984. On September 19, 1984, appellee appealed to the…