Giant Food Stores, Inc. v. Zoning Hearing Board

Opinion by

Judge Craig,

Where the two voting members of a zoning hearing board oast a divided onedo-one vote with respect to *438a request for a zoning use variance, has the board made a decision and, if so, does the decision constitute a denial of the requested variance?

In accordance with the settled principle that a tribunal’s divided vote confirms the status quo, this court’s conclusion is that a zoning hearing board’s one-to-one vote has the legal effect of denying the variance request.

The landowner in this case, Giant Foods, Inc., applied to construct a food supermarket and a small ■shopping…