Borough of Jenkintown v. Board of Commissioners of Abington Twp.
858 A.2d 136 (Pa. Cmwlth. 2004)
Appellate Procedure
DeFilippo v. Cranberry Twp. Bd. of Supervisors (2012)
Appeal of approval moot where applicant essentially abandons appealed approvals by obtaining new approvals for the same project.
DeFilippo v. Cranberry Twp. Bd. of Supervisors, 49 A.3d 939 (Pa. Commw. Ct. 2012).
In Re: The Condemnation by the County of Allegheny (2004)
In Re: The Condemnation by the County of Allegheny
861 A.2d 387 (Pa. Cmwlth. 2004)
DeSantis v. Zoning Hearing Bd. (2012)
When reviewing a deemed approval, the trial court must not conduct appellate review; rather, de novo review is required and the trial court must make its own findings.
DeSantis v. Zoning Hearing Bd., 53 A.3d 959 (Pa. Commw. Ct. 2012)
Brendel v. Zoning Enforcement Officer of the Borough of Ridgeway (2001)
Brendel v. Zoning Enforcement Officer of the Borough of Ridgeway, Pa. Commw. (July 9, 2001)Cite: 780 A.2d 750
Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp. (2011)
Renumbering of section numbers from time of advertisement to time of adoption does not violate due process rights. Failure to record an ordinance in the ordinance book within the statutorily required time period renders the ordinance ineffective, but not invalid.
Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp., 18 A.3d 1259 (Pa. Commw. Ct. 2011).
Atticks v. Lancaster Township Zoning Hearing Board (2007)
A person who is not a party to an action may appeal a zoning board decision if they have a legally enforceable interest that is not adequately represented.
Atticks v. Lancaster Township Zoning Hearing Board, 915 A.2d 713 (Pa. Cmwlth. 2007).
Orie v. ZHB of the Borough of Beaver (2001)
Orie v. ZHB of the Borough of Beaver, 767 A. 2d 623 (Pa. Commw. January 18, 2001)
Ulsh v. Zoning Hearing Bd. (2011)
Doctrine of collateral estoppel applied in appeal of variance where the trial court previously ruled upon a similar variance application for the same property.
Ulsh v. Zoning Hearing Bd., 22 A.3d 244 (Pa. Commw. Ct. 2011).
In re: Condemnation by the Economy Borough Municipal Authority (2007)
In eminent domain cases, a party may not appeal as a matter of right from a non-final order overruling that party’s preliminary objections to the opponent’s preliminary objections.
In re: Condemnation by the Economy Borough Municipal Authority, (Pa. Cmwlth. 2007).