*1 Before STRINE , Chief Justice; VAUGHN , and SEITZ , Justices.

ORDER This 29 th day of August 2017, after careful consideration of the parties’ briefs and the record on appeal, we affirm the Superior Court’s judgment on the basis of its ruling on the pending ordinance doctrine and therefore do not need to address the Board’s argument that the City is an indispensable party.

NOW, THEREFORE, IT IS ORDERED that the final judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Justice