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Cases are listed below in alphabetical order:
*Click on case name to review case summary.
- Safety and welfare standards for special exception
Accelerated Enterprises, Inc. v. Hazle Twp. (2001)
- Special Exceptions
Agnew v. Bushkill Twp. ZHB (2003)
- Burdens of proof in an application for a special exception
Bray v. Zoning Board of Adjustment of Philadelphia (1980)
- Concrete evidence of an expert nature required before zoning hearing board can find a high probability that special exception is not in the public interest
In Re: Brickstone Realty Corp. (2001)
- A special exception cannot be granted with conditions when all the requirements for the special exception are satisfied and there is no evidence of record supporting the imposition of the conditions
Coal Gas Recovery, L.P. v. Franklin Township ZHB (2008)
- Special Exception, variance, non-conforming use
Domeisen, et al. v. ZHB of O'Hara Twp. (2003)
- Where an applicant fails to meet all requirements for a special exception, a zoning hearing board has no duty to grant a special exception application with conditions
Elizabethtown/Mt. Joy Associates, L.P. v. Mount Joy Township Zoning Hearing Board
- Non-conforming uses, special exceptions, and conditional uses
Finegan v. Board of Supervisors of Earl Twp. (2003)
- In issuing a special exception concerning animal operations, a municipality may impose conditions more stringent than those provided by Federal and State law, and conditions designed to promote public safety and health will be upheld absent an abuse of discretion
Good v. Zoning Hearing Board of Heidelberg Township (2009)
- A Zoning Hearing Board does not have authority to allocate sewage capacity between proposed development projects
Greth Development Group, Inc. v. Zoning Hearing Board of Lower Heidelberg Township (2007)
- An applicant for a special exception permit has the burden of demonstrating that the proposed use satisfies the objective criteria for the permit under the applicable zoning ordinance
Hoppe v. ZHB of the Borough of Portland (2006)
- Conditions on approval of special exception valid if reasonable and not a manifest abuse of discretion
Leckey v. Lower Southampton Twp ZHB (2004)
- Denial of a special exception for a communications tower must be supported by substantial evidence
Omnipoint v. ZHB of Pine Grove Twp. (1999)
- A township may not utilize the most restrictive map in determining existence and location of a floodplain, but instead must comply with the plain language of the zoning ordinance; and a developer may not force a municipality to accept dedication of a private road as public
Stingray, L.P. v. Concord Township Zoning Hearing Board (2009)
- An objector to a special exception application that satisfies the objective criteria for the use must produce more than speculative evidence of harm
Tennyson v. Zoning Hearing Board of West Bradford Township (2008)
- Expansion of telecommunications towers on previously developed site not "land development" under MPC Section 107
Tu-Way Tower Co. v. Zoning Hearing Bd. of Salisbury Tp. (1997)
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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