The Pennsylvania Land Use Law Library
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Proposed Legislation
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Land Use Case Law - Court Rulings
Land Use Case Law - Court Rulings
For more information, go to The Unified System of Pennsylvania’s “Court Opinions and Postings” search page to find the complete decision. You will find it at http://www.pacourts.us/courts/commonwealth-court/court-opinions/

Key Topic: Zoning Validity Challenges

Inconsistency with a comprehensive plan alone cannot be the basis for granting a curative amendment.

Briar Meadows Dev., Inc. v. S. Ctr. Twp. Bd. of Supervisors, 2 A.3d 1303 (Pa. Commw. Ct. 2010).

Landowner filed an application for a curative amendment arguing the challenged zoning ordinance was invalid because it was inconsistent with the Township's Comprehensive Plan.  The Commonwealth Court rejected Appellant's argument because the MPC states "…no action by the governing body of a municipality shall be invalid nor shall the same be subject to challenged or appeal on the basis that such action is inconsistent with, or fails to comply with, the provision of the comprehensive plan."  53 P.S. § 10303(c).

 

 

DISCLAIMER:
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.

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