Citation:

In re McGlynn, 974 A.2d 525 (2009 Pa. Commw. Ct. 2009).

Summary:
Objector cannot argue decision should be reversed for improper notice of public hearing where objector appeared and participated at the public hearing and the costs to the municipality of conducting another hearing with the same expected result are unreasonable.
Case Details:

Applicant requested conditional use approval to develop a mobile home park.  Objectors actively opposed the application during a number of hearings.  The Board of Supervisors approved the conditional use.  Objectors appealed and argued that the Township violated the MPC’s procedures for providing notice of hearings.

The Commonwealth Court determined that technical procedural errors will not defeat an otherwise valid decision by a municipality if the appellant appeared before the governing body and is not prejudiced and receives the full benefit of his due process rights.  Rather than throw out an otherwise valid decision, the Commonwealth Court weighed Objectors’ right to participate in the hearings and the risk that the hearings may have deprived the Objectors of their interest against the Township’s interests and burden in curing the defective notice.  The Commonwealth Court determined that Objectors participated in the hearing and that the cost to begin the procedure over, with an outcome anticipated to be the same, was too much for the Township to bear.  Accordingly, Objectors’ appeal failed.

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