Trial court may not order objector to post bond where the appeal to the trial court was filed by the applicant rather than the objector.
PPM Atl. Renewable v. Fayette County Zoning Hearing Bd., 623 Pa. 134 (Pa. 2013).
Appellate Procedure
Bradley v. Zoning Hearing Bd. of the Borough of New Milford (2013)
Transfer of objector's property during pending appeal resulted in objector's loss of standing and dismissal of appeal.
Bradley v. Zoning Hearing Bd. of the Borough of New Milford, 63 A.3d 488 (Pa. Commw. Ct. 2013).
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).
Appeal of Chester County Outdoor, LLC (2013)
Applicant who succeeds in challenging the zoning ordinance cannot appeal zoning hearing board's advisory opinion on site-specific relief where applicant withdraws plans for site-specific relief during hearings on validity challenge.
Appeal of Chester County Outdoor, LLC, 64 A.3d 1148 (Pa. Commw. Ct. 2013).
Hionis v. Concord Township (2009)
A plaintiff may seek review of an interlocutory order granting preliminary objections but providing the ability to file an amended pleading, by waiting until the time period for amendment expires and petitioning the lower court for an order dismissing the complaint.
Hionis v. Concord Township, No. 1771 C.D. 2008 (Pa. Commw. 2009).
Date of Decision: 5/11/09
Commonwealth v. East Brunswick Township (2008)
The Attorney General had standing to bring an action, at the request of a citizen, in original jurisdiction in the Commonwealth Court against the Township for an alleged “unauthorized local ordinance” under the Agricultural, Communities and Rural Environment Act (“Act 38”). The Court found that Act 38 was constitutional; however, the Court denied summary relief because it was unclear whether the application of sewage sludge was a normal agricultural operation.
Commonwealth v. East Brunswick Township, 956 A.2d 1100(Pa. Cmwlth. 2008).
Date of Decision: 9/23/08
McLoughlin v. ZHB of Newtown Township (2008)
A party not directly involved in a land use action may intervene only as set forth in the Pennsylvania Rules of Civil Procedure.
McLoughlin v. ZHB of Newtown Township, 953 A.2d 855 (Pa. Cmwlth. 2008).
Date of Decision: 7/9/08
McDonald v. Redevelopment Authority of Allegheny County (2008)
An amendment to a statue of limitations was applicable because a statute relating to procedural matters is applicable to cases filed after the effective date of the statute.
McDonald v. Redevelopment Authority of Allegheny County, 952 A.2d 713 (Pa. Cmwlth. 2008)
Date of Decision: 6/6/08
Harman v. Forest County Conservation District and Planning Bd. (2008)
A decision by a Subdivision Administrator, as agent of the Planning Board, constituted a final decision and was appealable to the court of common pleas.
Harman v. Forest County Conservation District and Planning Bd., 950 A.2d 1117 (Pa. Cmwlth. 2008).
Date of Decision: 6/11/08
Therres v. Zoning Hearing Board of the Borough of Rose Valley (2008)
A notice of appeal was quashed for failing to set forth the basis for the appeal.
Therres v. Zoning Hearing Board of the Borough of Rose Valley, 947 A.2d 226 (Pa. Commw. Ct. 2008).
Date of Decision: 4/4/08