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Wednesday, June 18, 2014

Foxley Farm attorney asserts B&B operation deemed approved by operation of law

During the June 10 hearing, Falatovich presented correspondence from attorney Shawn Gallagher, who represents the Nieds. Gallagher had asked that the board forgo the hearing, asserting in his correspondence that the township did not conduct a hearing within the time limit set by the state Municipalities Code and that his clients are entitled to a deemed approval of their requests. Falatovich said the board disagreed.
On June 9, Gallagher filed a complaint in Westmoreland County Common Pleas Court seeking approval of the application.
Falatovich said the supervisors' written decision, which will be issued within 45 days, will be used in the township's defense against Gallagher's filing.
“It's important to put everything that we did on the record into that case in a response, so that's why we thought it was important to vote on that this evening,” Falatovich said.
Gallagher said Tuesday he disagreed with the board's decision, stating that his clients have a deemed approval.
“You can't deny what has already been approved by operation of law,” Gallagher said.

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