In this tax assessment appeal out of Alleghany County, the Commonwealth Court was asked to weigh in on the level of due diligence a party must show to warrant a nunc pro tunc appeal well after the appeal deadline has passed.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: Judge Colins
On November 26, 2008 Gaughen submitted a land development plan to the Borough Manager of Mechanicsburg seeking approval for a 5-unit apartment complex under the Borough’s Subdivision and Land Development Ordinance (SALDO). On December 10, the Borough Engineer issued a memo stating that the plan did not comply with certain provisions of the Zoning Ordinance, SALDO, and Stormwater Ordinance. Thereafter Gaughen never submitted a revised plan to the Borough and the Borough never notified Gaughen that his application was incomplete or not filed. The 90-day period in which the Borough had to act on Gaughen’s plans, pursuant to the Municipalities Planning Code (MPC), expired on February 24, 2009. On February 25th the Borough received an extension from Gaughen’s engineer. On June 2nd the Borough officially denied Gaughen’s plan. Six months later Gaughen instituted a mandamus action seeking a deemed approval based on the Borough’s failure to act on the plan or receive an extension by February 24th.
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