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RACCOON MT., INC. v. PERRY CO. PLANN. COMM.

No. 752 C.D. 1979.

50 Pa.Commw. 613 (1980)

Raccoon Mountain, Incorporated, Appellant v. Perry County Planning Commission, Appellee.

Commonwealth Court of Pennsylvania.

April 18, 1980.

Attorney(s) appearing for the Case

P. Richard Wagner, with him Mancke & Lightman, for appellant.

William R. Bunt, for appellee.

Argued March 14, 1980, before Judges MENCER, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 18, 1980:

Raccoon Mountain, Incorporated (developer) appeals from an order of the Court of Common Pleas of Perry County sustaining a demurrer by Perry County Planning Commission (commission) to developer's complaint in mandamus, which alleged that the developer's pre-application (sketch) plan and alteration request should be deemed accepted by the commission because the commission failed to act on them within ninety days, as required...

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