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Board of Supervisors of Venango Township v. Radu
Citations: 103 Pa. Commw. 363; 520 A.2d 514; 1987 Pa. Commw. LEXIS 1893Docket: Appeal, No. 2150 C. D. 1985
Court: Commonwealth Court of Pennsylvania; January 28, 1987; Pennsylvania; State Appellate Court
The Court of Common Pleas of Erie County's order requiring the Board of Supervisors of Venango Township to issue a conditional use permit to Thomas Radu is vacated and remanded for further action. Radu initially applied for the permit to operate a tavern in an R-1 residential district in May 1984. After a hearing on July 2, 1984, the Board denied the request on August 23, 1984. Radu appealed, but from September 1984 to March 1985, there were delays in obtaining hearing notes due to the stenographer’s failure to provide a record, preventing further proceedings per local court rules. The Board scheduled a new hearing for April 16, 1985, and orally denied the request on May 6, 1985, but Radu was not informed until June 17, 1985. On June 15, 1985, Radu filed a motion to compel the Board to issue the permit as a “deemed decision,” which the trial court granted. The court's decision relied on the Pennsylvania Municipalities Planning Code, which states that if a zoning board does not render a decision within forty-five days, the decision is deemed granted. However, the relevant sections of the Venango Township Zoning Ordinance do not provide a similar provision for the Board of Supervisors. The trial court's error in compelling the issuance of a deemed decision is noted, citing precedent (Russell v. Penn Township Planning Commission). The appellate court instructs the trial court to require the Board to issue a written decision on Radu’s application so he can take appropriate further action. The appellate court relinquishes jurisdiction following this remand.