WeCare Organics, Pet v. ZHB of Schuylkill Co. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT WECARE ORGANICS, LLC, Petitioner v. THE ZONING HEARING BOARD OF SCHUYLKILL COUNTY, PENNSYLVANIA, Respondent : : : : : : : : : : : : : No. 225 MAL 2006 Petition for Allowance of Appeal from the Order of the Commonwealth Court at 945 CD 2005, dated February 28, 2006 affirming the order of the Court of Common Pleas of Schuylkill County at S231-2004, dated April 19, 2005 ORDER PER CURIAM DECIDED: December 17, 2007 AND NOW, this 17th day of December, 2007, the Petition for Allowance of Appeal is GRANTED, the order of the Commonwealth Court is VACATED, and the matter is remanded to the Commonwealth Court for further proceedings consistent with Wistuk v. Lower Mt. Bethel Township Zoning Hearing Board, 925 A.2d 768 (Pa. 2007) and 53 P.S. §10908(9) (requiring that the applicant agree in writing or on the record to an extension of time).

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