Grim v. Borough of Boyertown

In Grim v. Borough of Boyertown, 141 Pa. Commw. 427, 595 A.2d 775, 779 (Pa. Cmwlth. 1991), the Court, speaking through Judge Kelley, stated "the language of that section which provides that a decision 'shall be deemed to have been rendered in favor of the applicant,' where the board fails to hold the required hearing within 60 days, is imperative." Section 913.2(b)(2) of the MPC further states: Where the governing body fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in section 908(1.2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so. 53 P.S. 10913.2(b)(2).