In this mandamus action out of Washington County, a billboard company (“All State”) sought to compel a Borough to issue billboard permits after Borough Council failed to act on the applications for nearly 6 months. The Court of Common Pleas of Washington County granted summary judgment, based in part on the fact that the proposed billboards would only have been permitted if the zoning ordinance were found to be exclusionary.  The Commonwealth Court reversed, stating the underlying merits of the applications was irrelevant where a deemed approval was asserted, and remanding the matter to determine whether the applications had been deemed approved.

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