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908 A.2d 268

Luke v. Cataldi

Supreme Court of Pennsylvania

Decided September 13, 2006

Supreme Court of Pennsylvania · decided 2006-09-13

Relies on In re Utermahlen · Schadler v. Zoning Hearing Board of Weisenberg Township

Decided 2006-09-13

¶1ORDER

PER CURIAM.

¶2AND NOW, this 13th day of September 2006, the Petition for Allowance of Appeal is granted limited to the following issues:

¶3Whether Schadler v. Zoning Hearing Bd. of WeiseNberg Twp., 578 Pa. 177, 850 A.2d 619 (2004), renders conditional land use permits approved in violation of the applicable MPC notice requirements void ab initio such that the statutory time period provided for appeals does not apply to challenges alleging procedural infirmities?

¶4Whether approval of a conditional land use permit without public notice violates Petitioners’ rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution?

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