Latest Rulings:
Where there is a change in theory regarding a zoning application, the doctrine of res judicata and collateral estoppel do not apply. Additionally, seeking to convert a conforming use to a nonconforming use is inconsistent with the burden to show that property cannot be used for a permitted purpose.
Fowler v. City of Bethlehem Zoning Hearing Bd., 2018 Pa. Commw. LEXIS 171 (May 22, 2018)
The Pennsylvania Municipalities Planning Code permits municipalities to recover “all costs and attorney fees incurred as a result of the violation, which may encompass appeals from the enforcement notice.” Once the municipality establishes the relatedness of the fees, the burden shifts to the party contesting the fees to provide evidence establishing “a basis for segregating the hours spent on successful and unsuccessful claims.”
Bd. of Supervisors of Willistown Twp. v. Main Line Gardens, Inc., 2018 Pa. Commw. LEXIS 160 (May 9, 2018)
A property owner has standing to object to a land use decision if he or she has a substantial, direct and immediate interest in the decision. An association has standing, “even in the absence of injury to itself, if the association alleges that at least one of its members is suffering immediate or threatened injury as a result of the action challenged.” In addition, a notice of land use appeal should not be dismissed for not being concise, pursuant to Section 1003-A(a) of the Pennsylvania Municipalities Planning Code, where its factual background section is voluminous but it still clearly and concisely sets forth the grounds on which the appeal is based.
Friends of Lackawanna v. Dunmore Borough Zoning Hearing Bd., 2018 Pa. Commw. LEXIS 157 (May 7, 2018)
Topics
Cases are categorized into the following topics:
- Appellate Procedure
- Conditional Uses and Special Exceptions
- Eminent Domain
- Land Use Appeal
- Miscellaneous
- Municipal Capital Improvement; Impact Fees
- Municipal Procedure
- Nonconformities
- Planned Residential Development
- Preemption of Local Ordinances
- Regulation of Particular Uses
- Subdivision and Land Development
- Takings
- Variances
- Zoning Validity Challenges
Statutes
State Statutes Related to Land Use/Current Legislation
PA Municipalities Planning Code (MPC)
The Municipalities Planning Code (pdf format) establishes the framework for land use planning and regulation in Pennsylvania. The MPC sets powers, duties, and procedures that apply uniformly to all classes of local governments – counties, cities, boroughs, townships, and home-rule municipalities – except the cities of Philadelphia and Pittsburgh.
State Statutes Referenced in the Municipalities Planning Code
Sections 301(6) and 603(b) of the MPC require that local comprehensive lans and zoning ordinances be consistent with and not exceed the requirements contained in a number of specific statutes.
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Other State Statutes Related to Land Use
In addition to those acts listed in the MPC, there are other state laws that are of importance to local officials and others interested in sound land use.
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Disclaimer
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.