Technical Assistance - Pennsylvania Land Use Law : PA Land Use

Pennsylvania Land Use Law Library

Key Topic: Zoning Validity Challenges

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

Enactment of zoning ordinance is a legislative act

Apgar v. ZHB of Manheim (1995)
Rezoning distinguished from validity challenges

Baker v. Chartiers Twp. (1994)
Size and deviation from comprehensive plan are factors to determine "spot zoning"

Baker v. Chartiers Twp. ZHB (1996)
Under the Equal Protection Clause of the United States Constitution, the threshold question of whether a use is unconstitutionally excluded from a particular zone is to determine whether the use is similar in kind to uses permitted in the zone

Congregation Kol Ami v. Abington Twp. (2002)
A Federal law prohibits a zoning ordinance that "substantially burdens" religious exercise

Congregation Kol Ami v. Abington Twp (2004)
A municipality may impose disparate restrictions on equivalent uses within different zones

Crystal Forest Associates v. Buckingham Twp. Supervisors (2004)
Lot size requirements- must be economically reasonable

Fisher v. Viola, Jr., et. al. (2001)
Section 609(e) of the MPC requires a governing body to submit each revision of a proposed zoning amendment to the county planning commission for review

Hanover Healthcare Plus, Inc. v. Zoning Hearing Board of Penn Twp. (2005)
Reverse spot zoning

In re Appeal of Realen Valley Forge Greens Associates. (2003)
Uses in zoning ordinance prevail over uses stated in the comprehensive plan

In re Realen Valley Forge Greenes Associates (2001)
Exclusionary zoning of public schools

Jim Thorpe Area School District v. Kidder Twp. (1999)
An ordinance requiring connections to public water is not a “state created danger”

Johnson v. The Township of Plumcreek
Zoning for agricultural preservation districts survives multiple challenges

McGonigle v. Lower Heidelberg Twp. ZHB (2004)
Communications towers are protected under the Federal Telecommunications Act

Omnipoint Communications Enterprises v. ZHB of Easttown Township (2001)
Multi-step, multi-factor test and scope of review for partial exclusionary zoning of multi-family dwellings

Surrick v. Zoning Hearing Board of Upper Providence Twp. (1978)
A third party seeking to challenge a judicially-approved settlement of a zoning appeal must intervene in the underlying action to have standing

The Boeing Co. v. Zoning Hearing Bd. of Ridley Tp. (2003)

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