Timing is Everything
By: Amanda J. Sundquist Nextel Partners, Inc. v. Clarks Summit Borough/Clarks Summit Borough Council, 958 A.2d 587 (Pa. Commw. Ct. 2008). In Nextel, an applicant submitted an incomplete conditional use application. The Borough Council held a hearing on the application 82 days after its receipt; the applicant asserted it was entitled to a deemed …