Waiver of Deemed Approval Right by Not Objecting to the Oral Argument Date

In Hogan v. Pequea Township Zoning Hearing Board, 162 Pa. Commw. 282, 638 A.2d 464 (Pa. Cmwlth.), the Court dealt with the issue of waiver and a board hearing involving the 45-day decision. There, a board closed the record at the end of a July 23, 1991 hearing on a special exception requested by Hogan, but indicated that oral argument would occur on the next hearing date on September 19, 1991. Hogan did not object to that next hearing date. Between those two dates, the parties filed proposed findings of facts and conclusions of law. Hogan filed a legal memorandum on September 6, 1991, which was exactly 45 days after the July 23, 1991 hearing. On September 13, 1991, Hogan notified the parties that he believed he was entitled to a deemed approval and refused to participate in the September 19 hearing. Regardless, the board held its hearing denying his special exception. Hogan appealed the Board's decision and the trial court determined there was no deemed approval. On appeal to this Court, we affirmed because Hogan did not object to the September 19, 1991 date as a additional hearing date, stating: "Even if Hogan otherwise would have been entitled to a deemed approval of its special exception application, it waived its right to that deemed approval by failing to object to the previously announced argument date." Id. at 469.