MPC Section 617.2 is constitutional (allowing recovery of reasonable attorney fees and costs against the violator) and losing parties have the burden of showing the unreasonableness of the requested fee award.
South Whitehall Twp. v. Karoly,
891 A.2d 780 (Pa. Cmwlth. 2005), Petition for Allowance of Appeal denied, 906 A.2d 546 (Pa. 2006).
United Artists Theatre Circuit, Inc. v. Twp. of Warrington, 316 F.3d 392 (3d Cir. 2003), No. 98-CV-05556, 1/14/03:
The determination of whether an advertising sign is an “outdoor advertising sign” or an “accessory sign” turns upon various factors and not solely upon the sign’s content.
City of Philadelphia v. Steen Outdoor Adver., 2007 Pa. Commw. LEXIS 320
Adams Outdoor Advertising, Ltd. v. Department of Transportation
860 A.2d 600 (Pa. Cmwlth. 2004)
Commonwealth Agencies Not Exempt from Zoning and Land Use Regulations Unless Specificly Made Exempt by Statute.
Department of General Services v. Board of Supervisors of Cumberland Township, Adams County, Commonwealth Court, 795 A.2d 440 (January 28, 2002)
Although the exercise of a purchase option in a lease did not effectuate a legal subdivision allowing for relation back to the previous ordinance, lessee was entitled to relief under the modification provisions of the MPC and Township Ordinance.
Dubois Dutch, LLC v. Sandy Township Board of Supervisors and Guido, (Pa. 2007).
Barness Land Development Co. v. Board of Supervisors of Washington Twp.
852 A.2d 463 (Pa. Cmwlth. 2004).
Where language in a zoning ordinance is ambiguous, it should be interpreted in favor of the applicant.
Riverfront Dev. Group, LLC v. City of Harrisburg Zoning Hearing Bd., 109 A.3d 358 (Pa. Commw. Ct. 2015).
Zoning Board May Not Discriminate Among Functionally Equivalent Telecommunications Providers; a Board is Not Entitled to Judicial Immunity from a Section 1983 Claim
Schiazza v. Zoning Hearing Board of Fairview Township, York County, Pennsylvania, 168 F.Supp.2d 361, M.D.PA, October 18, 2001
The Construction Code Act does not authorize deemed approvals for permits relating to the construction of billboards. Billboard LED conversions may be subject to conditional use and site plan approval under the MPC and local zoning ordinances.
Lamar Advertising Company v. Monroeville Zoning Hearing Board, 936 A.2d 994 (Pa. Commw. Ct. 2007).