A recent Chester County Court of Common Pleas decision is a useful reminder that when a municipal board fails to follow proper procedures in rejecting a land development plan, the applicant may end up with an automatic approval.

In Boot Senior Property, LLC v. Board of Supervisors of West Whiteland Township, a developer proposed an assisted living and memory care facility that the Township’s Board of Supervisors voted down — but never formally denied. That procedural misstep proved fatal to the Township’s position, and the Court ordered the plan approved. Here’s what happened, and what it means for developers and municipalities navigating the land development process in Pennsylvania.

Background

The Board of Supervisors had previously granted conditional use approval for the proposed assisted living and memory care facility. When the applicant’s land development plan came before the Board for final action, the Board voted two-to-one against a motion to approve the plan.

Critically, however, the Board never made a separate motion to deny the plan. Despite this procedural failure, the Township issued a denial letter stating that the Board had denied the plan — but the letter failed to provide the detailed written basis for denial required by Section 508(2) of the Municipalities Planning Code (MPC).

The Court’s Holding

On appeal, the Court of Common Pleas reversed the denial, relying on the Pennsylvania Supreme Court’s decision in Scheipe v. Orlando. Under Scheipe, a motion that fails to receive an affirmative vote of a majority of the total board members does not constitute board “action.”

Because the Board’s vote on the motion to approve was one in favor and two against, the Court held that this vote did not represent an affirmative act by a majority of the Board to deny the plan. The Board’s failure to timely take action therefore triggered a deemed approval under Section 508(3) of the MPC.

The Court further held that the Township’s denial letter failed to comply with Section 508(2) of the MPC because it did not explain in detail the reasons for the denial. This deficiency independently supported the grant of a deemed approval. Based on these findings, the Court entered an Order in favor of plan approval and required the Township to complete and sign all documents and paperwork necessary for the project to proceed.

Takeaways

This decision reinforces that municipal boards must take affirmative action to deny a land development plan and must comply with the MPC’s written-decision requirements. A vote that merely fails to approve a plan — without a separate motion to deny — does not constitute the type of board action that satisfies the MPC. Applicants whose plans are not formally approved or denied should examine whether the board’s procedural failure may support a claim for deemed approval under Section 508(3).

If you have any questions concerning this case or the process for obtaining a deemed approval in Pennsylvania, please contact Rob Gundlach at rgundlach@foxrothschild.com or (215) 918-3636.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.