Miscellaneous

Pa. Envtl. Def. Found. v. Commonwealth (2017)

When the Commonwealth of Pennsylvania acquires proceeds from leasing state forest lands for mineral extraction, the Commonwealth must direct such proceeds toward the maintenance and conservation of public natural resources.

Pa. Envtl. Def. Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017)

Date of Decision: 4/6/18


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In re Jerrehian, Pa. Commw. (2016)

Zoning boards are not permitted to add requirements that are not specifically mentioned in the zoning ordinance. The Court also stated the party asserting merger of one lot to another that is noncompliant with certain zoning requirements must prove the land owner’s intent to merge those lots by “overt, unequivocal, physical manifestation” of such intent.

In re Jerrehian, 155 A.3d 674 (Pa. Commw. Ct. 2016)

Date of Decision: 3/6/17


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Stingray, L.P. v. Concord Township Zoning Hearing Board, Pa. Commw. (2009)

A township may not utilize the most restrictive map in determining existence and location of a floodplain, but instead must comply with the plain language of the zoning ordinance; and a developer may not force a municipality to accept dedication of a private road as public.

Stingray, L.P. v. Concord Township Zoning Hearing Board, 975 A.2d 1208 (Pa. Commw. 2009).

Date of Decision: 6/3/09


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In re: Agricultural Security Area in East Lampeter Township, Pa. Commw. (2009)

Irrespective of municipal planning and zoning for agricultural preservation, a municipality is without discretion to deny a request for creation of an agricultural security area under the Agricultural Security Law when the property satisfies the soils, zoning and agricultural use factors set forth in the Act.

In re: Agricultural Security Area in East Lampeter Township, 974 A.2d 1213 (Pa. Commw. 2009).

Date of Decision: 5/27/09


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Cottone v. ZHB of Polk Township, Pa. Commw. (2008)

If adjoining lots are under common ownership when a zoning ordinance is passed that renders them undersized, then the lots are presumed to have merged and the burden is on the landowner to rebut that presumption.

Cottone v. ZHB of Polk Township, 954 A.2d 1271 (Pa. Cmwlth. 2008).

Date of Decision: 8/15/08


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