Citation:

Briar Meadows Dev., Inc. v. S. Ctr. Twp. Bd. of Supervisors, 2 A.3d 1303 (Pa. Commw. Ct. 2010).

Summary:
Inconsistency with a comprehensive plan alone cannot be the basis for granting a curative amendment.
Case Details:

Landowner filed an application for a curative amendment arguing the challenged zoning ordinance was invalid because it was inconsistent with the Township’s Comprehensive Plan.  The Commonwealth Court rejected Appellant’s argument because the MPC states “…no action by the governing body of a municipality shall be invalid nor shall the same be subject to challenged or appeal on the basis that such action is inconsistent with, or fails to comply with, the provision of the comprehensive plan.”  53 P.S. § 10303(c).v

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