Pantry Quik, Inc. v. Zoning Board of Adjustment of City of Hazleton

Dissenting Opinion by

Judge Mencer:

I respectfully dissent. I would remand this case to the judge below to malte the findings of fact and conclusions of law required by the provisions of Section 1009 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P. L. , art. X, §1009 (53 P.S. §11009). This section specifically mandates that the decision of the judge be based upon the findings of fact made by the zoning hearing board as supplemented and replaced by findings of fact made by the judge. In the instant case the judge made no findings of fact, and *332 therefore Ms decision would by necessity be based on the findings of fact made by the board, and Ms final decision simply could not be supported by such findings, which are inconsistent with his decision.