The Pennsylvania Land Use Law Library
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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

Municipality has opportunity to adopt its own cure after court rules the ordinance is unconstitutional and does not necessarily have to agree to the challenger's cure or requested site-specific relief.

Piper Group, Inc. v. Bedminster Twp. Bd. of Supervisors, 612 Pa. 282 (Pa. Commw. Ct. 2011).

After the Pennsylvania Supreme Court declared a portion of the Township's Zoning Ordinance unconstitutional, Applicant submitted an application to cure the ordinance including a plan and a proposed amendment.  The Township adopted its own cure and the Zoning Hearing Board and the lower courts rejected applicant's proposed cure because Applicant could develop in accordance with the Township's cure.  The Supreme Court affirmed on the basis that the MPC does not purport to permit full automatic, site-specific judicial relief as requested by Applicant.  Rather, the MPC affords courts flexibility and discretion in establishing relief.

 

 

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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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