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LAMAR ADVERTISING CO. v. ZHB OF MONROEVILLE

939 A.2d 994 (2007)

LAMAR ADVERTISING COMPANY, a Delaware Corporation, Appellant v. The ZONING HEARING BOARD OF the MUNICIPALITY OF MONROEVILLE. Lamar Advertising Company, a Delaware Corporation v. The Municipality of Monroeville, a Home Rule Municipality, and Shelly Kaltenbaugh, in her capacity as Director of Community Development.

Commonwealth Court of Pennsylvania.

Decided December 17, 2007.

Reargument Denied February 13, 2008.

Attorney(s) appearing for the Case

Jonathan M. Kamin, Pittsburgh, for appellant.

Robert J. Wratcher, Pittsburgh, for appellee, the Zoning Hearing Board of the Municipality of Monroeville.

Craig H. Alexander, Pittsburgh, for appellees, the Municipality of Monroeville and Shelly Kaltenbaugh.

BEFORE: SMITH-RIBNER, COHN JUBELIRER and LEAVITT, JJ.

Reargument Denied En Banc February 13, 2008.

OPINION BY Judge LEAVITT.

Lamar Advertising Company (Lamar) appeals an order of the Court of Common Pleas of Allegheny County (trial court) that disapproved Lamar's two separate proposals to rebuild a number of its billboards in the Municipality of Monroeville. First, the trial court denied Lamar's request for a writ of mandamus, finding that it was not entitled to a deemed approval of one application. Second, the...

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