Piper Group, Inc. v. Bedminster Twp. Bd. of Supervisors, 612 Pa. 282 (Pa. Commw. Ct. 2011).
Municipality has opportunity to adopt its own cure after court rules the ordinance is unconstitutional and does not necessarily have to agree to the challenger's cure or requested site-specific relief.
After the Pennsylvania Supreme Court declared a portion of the Township’s Zoning Ordinance unconstitutional, Applicant submitted an application to cure the ordinance including a plan and a proposed amendment. The Township adopted its own cure and the Zoning Hearing Board and the lower courts rejected applicant’s proposed cure because Applicant could develop in accordance with the Township’s cure. The Supreme Court affirmed on the basis that the MPC does not purport to permit full automatic, site-specific judicial relief as requested by Applicant. Rather, the MPC affords courts flexibility and discretion in establishing relief.
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