BLAIR v. ZONING HEARING BD. OF PIKE


718 A.2d 764 (1998)

Richard J. BLAIR and Ingrid Morning, Appellants, v. ZONING HEARING BOARD OF the TOWNSHIP OF PIKE, Appellee and Township of Pike, Warren L. Saylor and Gary M. Henson, Intervenors.

Supreme Court of Pennsylvania.

Decided September 30, 1998.


Attorney(s) appearing for the Case

Paul R. Ober, Boyertown, Bryon M. Yatron, Reading, for Richard Blair and Ingrid Morning.

Charles F. Fitzpatrick, Reading, for Zoning Hearing Bd. Pike Tp.

Henry T. Zale, Pottstown, for Intervenors.

Paul T. Essig, Reading, for Pike Tp.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

We must determine whether this land use appeal was properly dismissed due to lack of prosecution. For the reasons that follow, we hold that principles governing the dismissal of cases for inactivity apply to proceedings under the Municipalities Planning Code. We further hold that, under the circumstances of the instant case, the failure of the Zoning Hearing Board to certify the record for appeal does not constitute a compelling...

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