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WECARE ORGANICS, LLC v. ZONING HEARING BD. OF SCHUYLKILL COUNTY

No. 945 CD 2005.

954 A.2d 684 (2008)

WECARE ORGANICS, LLC, Appellant v. The ZONING HEARING BOARD OF SCHUYLKILL COUNTY.

Commonwealth Court of Pennsylvania.

Decided July 16, 2008.

Attorney(s) appearing for the Case

Matthew J. Goodrich, Bangor, for appellant.

Robert S. Fryckland, Pottsville, for appellee.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

WeCare Organics, L.L.C. (WeCare) appeals the dismissal of its Action in Mandamus by the Court of Common Pleas of Schuylkill County (trial court). WeCare sought to compel the Zoning Hearing Board (ZHB) of Schuylkill County (County) to grant its application for a special exception on the grounds that the ZHB failed to issue a written opinion within 45 days of the final hearing in the matter, as required by Section 908(9) of the Pennsylvania...

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