DeFilippo v. Cranberry Twp. Bd. of Supervisors, 49 A.3d 939 (Pa. Commw. Ct. 2012).
Appeal of approval moot where applicant essentially abandons appealed approvals by obtaining new approvals for the same project.
Applicant applied for a conditional use permit and submitted a land development plan to construct an auto sales and service facility. The Board of Supervisors held a hearing, and over Objector’s opposition, approved the proposal. Objectors filed a land use appeal. In the interim, Applicant filed a new land development plan and conditional use application which changed the location and orientation of the proposed building. The Board of Supervisors approved the second plan and Objector filed a “supplement to appeal,” which added a challenge to the approval of the second plan as part of its pending appeal of the first approval. Applicant chose to proceed under its second plan. Applicant filed a motion to strike the “supplement to appeal,” and the trial court granted it and dismissed Objector’s underlying appeal as moot.
On appeal, the Commonwealth Court noted Applicant filed a new application, a new plan, and received a new approval. Moreover, the Board of Supervisors did not amend its original approval. Because Applicant was now pursuing development of its property based on only the second plan, Objector’s appeal of the original approvals was moot.
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