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Key Topic: Appellate Procedure

Cases are listed below in alphabetical order:
*Click on case name to review case summary.

• Settlement negotiations on an appeal from the ZHB must include the ZHB
  

  Becker v. Sewickley Borough Zoning Hearing Board (2005)

• Governing board lacks standing to appeal when its inaction results in a deemed approval of an application
  

  Board of Supervisors of East Rockhill Twp. v. Mager (2004)

• Objectors are not required to be notified of land use appeals
  

  Boerner v. Hazle Township ZHB (2004)

• The standard of review for appellate courts
  

  Borough of Jenkintown v. Board of Commissioners of Abington Twp. (2004)

• Standing of a municipality to appeal
  

  Brendel v. Zoning Enforcement Officer of the Borough of Ridgeway (2001)

• Court of Common Pleas did not abuse discretion in requiring bond under Section 1003-A of the MPC for frivolous appeal
  

  D. Kasun Associates v. Manheim Twp. Board of Commissioners (2005)

• Evidence necessary at enforcement notice appeal
  

  Hartner v. ZHB of Upper St. Clair Twp. (2004)

• The compensation for a taking should be determined by a board of viewer, not raised in preliminary objections
  

  In Re: The Condemnation by the County of Allegheny (2004)

• Persons who may appeal the grant of a variance
  

  Leoni v. Whitepain Twp. ZHB (1998)

• Persons who may appeal the grant of a variance
  

  Orie v. ZHB of the Borough of Beaver (2001)

• Notice requirements for building permits
  

  Rabenold v. ZHB of the Borough of Palmerton (2001)

• The capricious disregard standard of review applies to the review of zoning hearing board decisions
  

  Taliaferro v. Darby Township Zoning Hearing Board (2005)

• Jury trial is not guaranteed by right on the appeal from an enforcement action
  

  Twp. of Lower Milford v. Britt (2002)

• Public notice requirements of MPC are mandatory
  

  Valianatos v. ZHB of Richmond Twp. (2001)

• A party who files a frivolous suit must pay the other parties attorneys fees, even on appeal
  

  Yarmey v. ZHB of Forty Fort Borough (2000)

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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