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GIANT FOOD S., INC. v. Z. H. B., WHITEHALL T.

No. 165 Miscellaneous Docket No. 4.

93 Pa.Commw. 437 (1985)

Giant Food Stores, Inc., Appellant v. Zoning Hearing Board of Whitehall Township and John W. Brosius, Zoning Officer, Appellees.

Commonwealth Court of Pennsylvania.

December 11, 1985.

Attorney(s) appearing for the Case

Mark Malkames, with him, William G. Malkames, for appellant.

Jeffrey B. Matzkin, for appellees.

Argued November 14, 1985, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 11, 1985:

Where the two voting members of a zoning hearing board cast a divided one-to-one vote with respect to a request for a zoning use variance, has the board made a decision and, if so, does the decision constitute a denial of the requested variance?

In accordance with the settled principle that a tribunal's divided vote confirms the status quo, this court's conclusion...

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