Agenda - Planning Commission - 09/04/2008

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. Zoning Bulletin of the MPC deferred to the SALDO to define the time period for ap- ~) proval of the preliminary plan as long as the notification was no later than 15 days. Speci.P.cally, LVGC pointed to Section 508's provision that "applications for approval of a plat ... shall be acted upon ... within such time limits as may be fixed in the subdivision and land develop- ment ordinance." LVGC argued that in light of that language, the 5-day time period in the SALDO was substituted for the is-day time period in t)1e MPC and the deemed approval provision in Section 508(1) applied against that 5"day time period. The court rejected LVGC's argument. The court noted'that the provi- sion that made failure to act a deemed approval was in Section 508(3) of the MPC. The court emphasized that Section 508(3) specified failure to notify "within the time ... required herein shall be deemed an approval." The court found that the term "herein" meant the 15 days set forth in Section 508(1). The court concluded that the deemed approval only ap- plied to the is-day period set forth in the MPC. Accordingly, the court concluded that it could not legislate a deemed approval provision into the SALDO to' penalize the Board's procedural tardiness since such a deemed approval provision was expressly lacking from the SALDO. See also: D'Amico v. Board of Sup'rs, Alsace Tp., 106 Pa. Commw.411, 526 A.2d479 (1987). See also: Gemini Equipment Co. v. Board of Com'rs of Susquehanna Tp., 146 Pa. Commw. 227,604 A.2d 1233 (1992). Preemption-City seeks court order to stop bridge owner's construction in violation of city ordinance Bridge owner argues it is federal instrumentality inlmune' from city's zoning ordinance Citation: City of Detroit v. Ambassador Bridge Co., 481 Mich. 29, 748 N. W.2d 221 (2008) . MICmGAN (05/07/08) - Detroit International Bridge Company (DIBC) was a for-profit, private company. In 1921, Congress gave DIBC authority to construct, maintain and operate the Ambassador Bridge and its approaches. The Ambassador Bridge linked Canada and the United States. The authorizing statute required that DIBC also comply with the Bridge Act of 1906. That Act required all bridge operators to obtain the approval of the United States Secretary of Transportation regarding the 8 @ 2008 Thomson ReutersIWest 78 ,. Ii , :! i ;i 'I : " ;1 '1 ii I' '! 'i ,.--.."