Cases are listed below in chronological order:
*Click on case name to review case summary.
- To have standing, one must be "aggrieved," meaning the party must show that it (or one of its members, if an association) has an interest that is substantial, direct, and immediate, and not merely an interest common to all citizens.
Armstead v. Zoning Bd. of Adjustment of Phila. & Phila. (2015)
- Thirty-day appeal period for zoning permits is tolled where appellant alleges and proves that he had no notice, knowledge or reason to believe that the permit had been issued.
In re Appeal of Broad Mt. Dev. Co., LLC from the Decision of the Butler Twp. Zoning Hearing Bd. (2011)
- Mandamus action only available where party is clearly entitled to a permit.
Orange Stones Co. v. City of Reading (2011)
- Res judicata barred issues previously litigated by the same property owner for the same property.
Callowhill Ctr. Assocs., LLC v. Zoning Bd. of Adjustment (2010)
- When a conflict of interest exists at municipal level, trial court should order the municipal agency conducting the hearing to continue after resolving the conflict rather than supplant the municipal agency with a hearing officer.
HYK Constr. Co. v. Smithfield Twp. (2010)
- When a municipality resolves a land use appeal by Court-approved settlement agreement, prior to newly elected Supervisors taking office, the new Board is bound by the settlement agreement unless there were prior objections by a party to the land use appeal and/or there is a showing of extraordinary circumstances
T.H. Properties, L.P. v. Upper Salford Township Board of Supervisors (2008)
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.
Back to Top