Miscellaneous

Adams Outdoor Advertising, LP. v. Zoning Hearing Bd. of Smithfield Township, Pa. Commw. (2006)

A commercial sign advertiser has the burden of demonstrating that a zoning ordinance’s distinction between on-site and off-site advertising has no rational basis or nexus to the public’s health, safety and welfare, where the differing treatment is content neutral and does not effect a total ban on commercial speech.

Adams Outdoor Advertising, LP. v. Zoning Hearing Bd. of Smithfield Township, 909 A.2d 469 (Pa. Cmwlth. 2006).


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South Whitehall Twp. v. Karoly (2005)

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).


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