# Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors

> Supreme Court of Pennsylvania · October 20, 2004 · 580 Pa. 357

URL: https://www.frixlaw.com/law-library/cases/4961082

## Case

- **Full name:** HINES NURSERIES, INC., t/a Hines Color v. PLUMSTEAD TOWNSHIP BOARD OF SUPERVISORS. Petition of Ari Van Wingerden
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 20, 2004
- **Citations:** 580 Pa. 357; 861 A.2d 260; 2004 Pa. LEXIS 2469
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Files, Saylor
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4961082

## Opinion text

ORDER
PER CURIAM.
AND NOW, this 20th day of October 2004, the Petition for Allowance of Appeal is GRANTED, limited to the following issue: whether 53 P.S. § 10508(2) can be satisfied where the Board denies an application as filed and cites to a prior stipulation as the reason. The order of the Commonwealth Court is REVERSED. See Coretsky v. Board of Commissioners of Butler Township, 520 Pa. 513 , 555 A.2d 72, 74 (1989) (when Board fails to cite to statute or ordinance to explain why application was denied, the application is deemed approved as filed), and 53 P.S. § 10508(3) (same). Petitioner’s remaining issue is DENIED.
Justice SAYLOR files a Concurring Statement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4961082. Public record. Not legal advice.