Citation:

Orange Stones Co. v. Borough of Hamburg, 28 A.3d 228 (Pa. Commw. Ct. 2011).

Summary:
Zoning permit cannot be denied based on lack of compliance with ordinance enacted under the authority of a statute other than the MPC.
Case Details:

Applicant applied for a zoning permit to construct a 20-guest room hotel/motel.  The Zoning Officer denied the permit relying on an ordinance that did not originate under the MPC.  The Commonwealth Court held the Zoning Officer’s authority to approve or deny a zoning permit stems solely from the MPC.  Consequently, the Zoning Officer cannot rely on an ordinance enacted under authority of a statute other than the MPC when denying a zoning permit.

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.