Supreme Court of Pennsylvania, 2012

Ppm Atlantic Renewable v. Fayette County Zoning Board

Ppm Atlantic Renewable v. Fayette County Zoning Board
Supreme Court of Pennsylvania · Decided April 4, 2012 · Per Curiam
41 A.3d 854; 615 Pa. 150; 2012 WL 1109392; 2012 Pa. LEXIS 730 (Atlantic Reporter, Third Series)

Ppm Atlantic Renewable v. Fayette County Zoning Board

Opinion

*151 ORDER

PER CURIAM.

AND NOW, this 4th day of April, 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner are:

(1) Is Appellant required to appeal a Pennsylvania Municipalities Planning Code bond order even though both the statute and all case law existing at the time of the appeal state that it is not a final order?

(2) Can and should the courts retroactively apply the Takacs [v. Indian Lake Borough, Zoning Hearing Board, 18 A.3d 354 (Pa.Cmwlth. 2011) ] rationale?

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