Municipal Procedure

Geryville Materials, Inc. v. Lower Milford Twp. Zoning Hearing Bd. (2009)

Ordinances that have been adopted with procedural defects may survive procedural challenge where evidence indicates that the defects are harmless, the public has relied significantly upon the validity of the ordinances for several years and the public benefits from avoiding the chaos of finding the ordinances to be void ab initio.

Geryville Materials, Inc. v. Lower Milford Twp. Zoning Hearing Bd., 972 A.2d 136 (Pa. Commw. Ct. 2009).


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Hamilton Hills Group, LLC v. Hamilton Twp. Zoning Hearing Bd. (2010)

For developments occurring across municipal boundaries, municipality may require that all of its zoning requirements for the project must be satisfied by those portions of the project in that municipality unless otherwise permitted within its zoning ordinance.

Hamilton Hills Group, LLC v. Hamilton Twp. Zoning Hearing Bd., 4 A.3d 788 (Pa. Commw. Ct. 2010).


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Shaw v. Twp. of Upper St. Clair Zoning Hearing Bd. (2013)

Zoning amendment that purports to be a text amendment can be considered a map amendment where the amendment is overly narrow and specific to the point it could only be applied to one property and no other lots in that zoning district.

Shaw v. Twp. of Upper St. Clair Zoning Hearing Bd., 71 A.3d 1103 (Pa. Commw. Ct. 2013).


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Quest Land Development Group, LLC v. Township of Lower Heidelberg (2009)

The decision by members of a Board of Supervisors denying a request for special exception is valid and enforceable despite the failure of the board members to take their official oath or file financial statements, and the void ab initio doctrine does not apply to invalidate their actions.

Quest Land Development Group, LLC v. Township of Lower Heidelberg, 971 A.2d 540 (Pa. Commw. 2009).

Date of Decision: 4/30/09


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Tioga Preservation Group v. Tioga County Planning Commission (2009)

An entity with an option to lease a property for which it seeks land development approval for a wind farm has an ownership interest sufficient to constitute an “applicant” and “landowner” as required by the Municipalities Planning Code, and a municipality may grant a waiver from a provision of its ordinance if it would exact undue hardship or the request for waiver is for an innovative design that advances the purpose of the ordinance.

Tioga Preservation Group v. Tioga County Planning Commission, No. 1749 C.D. 2008, 2009 Pa. Commw. LEXIS 77 (Pa. Commw. March 3, 2009).

Date of Decision: 3/3/09


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