Can Municipality That Acts In a Quasi-Judicial Capacity Appeal a Conditional Use Application ?
In Board of Supervisors of East Rockhill Township v. Mager, 855 A.2d 917 (Pa. Cmwlth. 2004), this Court addressed the issue of whether a municipality that acts in a quasi-judicial capacity may appeal a conditional use application.
This Court stated:
In Gryshuk v. Kolb, 685 A.2d 629 (Pa. Cmwlth. 1996), we recognized that in deemed approval cases, the municipality's decision, i.e., approval, has already been made for it by operation of law as a result of the municipality's own delay.
See also Borough of Monroeville v. Foltz, 5 Pa. Cmwlth. 304, 290 A.2d 269 (1972) (the term "deemed approval" means that the municipality has ruled in the applicant's favor). Consequently, absent an appeal by a party actually opposing the application, the municipality cannot appeal from its own decision approving the application. Id. at 920.