Barness Land Development Co. v. Board of Supervisors of Washington Twp.
852 A.2d 463 (Pa. Cmwlth. 2004).
Miscellaneous
Riverfront Dev. Group, LLC v. City of Harrisburg Zoning Hearing Board, Pa. Commw. (2015)
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).
Schiazza v. ZHB of Fairview Twp. (2001)
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
Lamar Advertising Company v. Monroeville Zoning Hearing Board, Pa. Commw. (2007)
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).
In re: Application of Brandywine Realty Trust to the Newtown Township ZHB, Pa. Commw. (2004)
In re: Application of Brandywine Realty Trust to the Newtown Twp. ZHB
857 A.2d 714 (Pa. Cmwlth. 2004)
East Lampeter Township v. Commission of Lancaster Human Relations Commission and Albert C. Hondaras (2000)
The Commonwealth Court has taken the clear position that zoning ordinance adoptions are purely "legislative acts" and that courts should not consider the motives of a legislative body adopting such ordinances.
East Lampeter Twp. V. County of Lancaster Human Relations Commission and Albert C. Hondaras, 744 A2d 359 (2000)
Sutliff Enterprises, Inc. v. Silver Spring Township Zoning Hearing Board, Pa. Commw. (2007)
The use of an oscillating searchlight used to attract customers to a business was specifically prohibited by a Township Zoning Ordinance.
Sutliff Enterprises, Inc. v. Silver Spring Twp. Zoning Hearing Bd., 933 A.2d. 1079 (Pa. Commw. 2007).
Paupack Township, et al. v. Lake Moc-A-Tek, Inc., et al., Pa. Commw. (2004)
Paupack Township, et al. v. Lake Moc-A-Tek, Inc., et al.
863 A.2d 615 (Pa. Cmwlth. 2004)
Vitti et al v. ZHB of Adjustment of the City of Pittsburgh and Bethlehem Haven (1998)
The MPC does not generally apply to the City of Pittsburgh.
Vitti et. al, v. Zoning Board of Adjustment of the City of Pittsburgh and Bethlehem Haven, 710 A2d. 653, Pa. Cmwlth (1998)
Trigona v. Lender (2007)
A municipality may not compel the payment of real estate taxes or municipal obligations through the denial of licenses and permits required for real property development unless such power is conferred by statute.
Trigona v. Lender, 2007 Pa. Commw. LEXIS 316 (Pa. Cmwlth. 2007)