Land Use Appeal

Monger v. Upper Leacock Twp.

Appeals from land use decisions must be brought within 30 days of the adverse decision, unless the claim asserts an unconstitutional deprivation of due process.

Monger v. Upper Leacock Twp., 132 A.3d 585 (Pa. Commw. Ct. 2016)

Date of Decision: 1/7/16


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Delchester Developers, L.P. v. London Grove Twp. Bd. Supervisors

If at least one ground for denial is based on clear noncompliance with the ordinance, and that noncompliance is an objective, legitimate, and substantive planning issue, appeals of plan denials and preliminary subdivision and land development plans will be denied.

Delchester Developers, L.P. v. London Grove Twp. Bd. Supervisors, 161 A.3d 1106 (Pa. Commw. Ct. 2016)

Date of Decision: 5/9/17


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HYK Constr. Co. v. Smithfield Twp. (2010)

When a conflict of interest exists at municipal level, trial court should order the municipal agency conducting the hearing to continue after resolving the conflict rather than supplant the municipal agency with a hearing officer.

HYK Constr. Co. v. Smithfield Twp., 8 A.3d 1009 (Pa. Commw. Ct. 2010).


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Armstead v. Zoning Bd. of Adjustment of Phila. & Phila. (2015)

To have standing, one must be "aggrieved," meaning the party must show that it (or one of its members, if an association) has an interest that is substantial, direct, and immediate, and not merely an interest common to all citizens.

Armstead v. Zoning Bd. of Adjustment of Phila. & Phila., 115 A.3d 390 (Pa. Commw. Ct. 2015).


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T.H. Properties, L.P. v. Upper Salford Township Board of Supervisors (2008)

When a municipality resolves a land use appeal by Court-approved settlement agreement, prior to newly elected Supervisors taking office, the new Board is bound by the settlement agreement unless there were prior objections by a party to the land use appeal and/or there is a showing of extraordinary circumstances.

T.H. Properties, L.P. v. Upper Salford Township Board of Supervisors, No. 69 C.D. 2008, 2009 Pa. Commw. LEXIS 178 (Pa. Commw. February 11, 2009).

Date of Decision: 2/11/09


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