• Disclaimer
  
• Proposed Legislation
  
• State Statutes
  
• State Statutes Referenced in MPC
  
• Other State Statutes

Key Topic: Regulation of Particular Uses

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

• “Family” is more then related persons, but there must be stability among residents
  

  Albert v. ZHB of North Abington Twp. (2004)

• Exclusionary zoning of car dealerships
  

  Caln Nether Co., L.P. v. Board of Supervisors of Thornbury Twp. (2004)

• School may go through special exception process
  

  Council Rock School District v. Wrightstown Twp. ZHB (1998)

• Communications towers are not a “public utility”
  

  Earl Twp. v. Reading Broad Casting, Inc. (2001)

• Motivation behind enacting zoning ordinance is inapplicable
  

  East Lampeter Twp. v. Commission of Lancaster Human Relations Commission and Albert C. Hondaras (2000)

• Zoning of school recreational facilities used for non-educational purposes
  

  Hazelton Area School District v. ZHB of Hazle Twp. (2001)

• Regulation of particular uses
  

  Hydropress Environmental Service, Inc. v. Twp. of Upper Mt. Bethel (2003)

• The effect of zoning on Commonwealth agencies
  

  Kee v. Pennsylvania Turnpike Commission (1998)

• An ordinance reasonably provides for a particular use and does not create a de facto exclusion when all competing interests are balanced in a way that reflects the policy goals of the community
  

  Larock v. Board of Supervisors of Sugarloaf Twp. (2005)

• Communications tower- not a semi-public use
  

  McMahon v. Kingston Twp. Board of Supervisors (2001)

• Communications tower fits in the definition of “radio transmitter”
  

  Pearson v. Newlin Twp. ZHB (2001)

• Communications towers are not a public utility
  

  Pennsylvania Cellular Telephone Corp. v. Buck Township ZHB (2001)

• Ordinance interpretation should be in favor of the landowner
  

  Phillips v. ZHB of Montour Twp. (2001)

• Guidelines for interpretation of uses
  

  Rappaport v. ZHB of Allentown (1996)

• ZHB not immune from section 1983 claim of discrimination
  

  Schiazza v. ZHB of Fairview Twp. (2001)

• A municipality has no discretion to violate the plain language of its zoning ordinance/A ground lease that allowed construction of a recreational building on open space violated the zoning ordinance.
  

  Steeley v. Richland Twp. (2005)

• Solid Waste Management Act is superior to local zoning ordinances
  

  Synagro-WWT, Inc. v. Rush Twp. (2003)

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.

Back to Top