Timing is Everything
Monday, February 23rd, 2009Nextel Partners, Inc. v. Clarks Summit Borough/Clarks Summit Borough Council, 958 A.2d 587 (Pa. Commw. Ct. 2008).
In Nextel, an applicant submitted an incomplete conditional use application. The Borough Council held a hearing on the application 82 days after its receipt; the applicant asserted it was entitled to a deemed approval because the hearing was not held within 60 days. The Pennsylvania Commonwealth Court determined the 60 day period begins to run on the date the conditional use application is submitted, not the date the conditional use application is complete. For more information about how this case may affect your municipality’s administrative processes or your application please contact our office.
