Technical Assistance - Pennsylvania Land Use Law : PA Land Use

Pennsylvania Land Use Law Library

Key Topic: Subdivision and
Land Development

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

Must specify reasons for denial of a plan

Advantage Development, Inc. v. Board of Supervisors of Jackson Twp. (2000)
Noise condition attached to the approval of a land development plan must provide the precise location of the noise monitoring stations

Blue Mountain Preservation Assn. v. Twp. of Eldred (2005)
Preliminary Land Development Plans

CACO Three, Inc. v. Board of Supervisors of Huntington Twp. (2004)
Rejection of plans must specify defects

Coretsky v. Butler Twp. (1989)
The effect of zoning on Commonwealth agencies

Dept. of General Services v. Board of Supervisors of Cumberland Twp., Adams County (2002)
A plan is considered "filed" if a preliminary plan is offered but the Board refuses to review it

Folino v. Greenwich Twp. (2004)
Preliminary plan approval is a final appealable decision, failure to appeal is a waiver

In re Appeal of Busik (2000)
When attaching conditions to the approval of a land development plan, the municipal board need not specify the defects and ordinances relied upon for each condition

Koller v. Weisenberg Twp. (2004)
Denial of plan cannot rest on the phased development schedule

Meadows of Hanover Development, Inc. v. Board of Supervisors of South Hanover Twp. (1999)
Municipality may not issue a moratorium for any purpose

Naylor v. Twp. of Hellam (2001)
A land development application submitted before a zoning ordinance amendment becomes effective shall be reviewed under the Zoning Ordinance as it stood before the amendment

North Codorus Twp. v. North Codorus Twp. Zoning Hearing Board (2005)
MPC protection to developers against ordinance changes

Pequea Twp. v. Herr et. al. (1998)
Before a governing board may grant final approval of a modification to a land development plan expanding the proposed uses, zoning approval as to uses must be obtained

Residents Against Matrix v. Lower Makefield Twp. (2004)
Municipality may grant modification to subdivisions if enforcement would render land valueless

Ruf v. Buckingham Twp. (2001)
Doctrine of merger is inapplicable to properties that do not conform with public road frontage requirement

Springfield Twp. v. Halderman (2004)
Municipal capital improvements must be for onsite actions

Trojnacki v. Board of Supervisors of Solebury Twp. (2004)
To succeed on a 1983 discrimination violation, the actions of the municipality must “shock the conscience”

United Artists Theatre Circuit, Inc. v. Twp. of Warrington (2003)

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