Appellate Procedure

DeSantis v. Zoning Hearing Bd. (2012)

When reviewing a deemed approval, the trial court must not conduct appellate review; rather, de novo review is required and the trial court must make its own findings.

DeSantis v. Zoning Hearing Bd., 53 A.3d 959 (Pa. Commw. Ct. 2012)

 

 


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Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp. (2011)

Renumbering of section numbers from time of advertisement to time of adoption does not violate due process rights. Failure to record an ordinance in the ordinance book within the statutorily required time period renders the ordinance ineffective, but not invalid.

Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp., 18 A.3d 1259 (Pa. Commw. Ct. 2011).


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Ulsh v. Zoning Hearing Bd. (2011)

Doctrine of collateral estoppel applied in appeal of variance where the trial court previously ruled upon a similar variance application for the same property.

Ulsh v. Zoning Hearing Bd., 22 A.3d 244 (Pa. Commw. Ct. 2011).


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