A Township’s Subdivision and Land Development Ordinance regulations relating to oil and gas operations were preempted by the Pennsylvania Oil and Gas Act.
Great Lakes Energy Partners, Penneco Oil Company, CB Energy, Inc. and Independent Oil and Gas Association of Pennsylvania v. Salem Township
931 A.2d 101 (Pa. Commw. Ct. 2007).
Blue Mountain Preservation Assn. v. Twp. of Eldred,
867 A.2d 692 (Pa. Cmwlth. 2005)
The power to enact a zoning ordinance, for whatever purpose, does not necessarily include the power to suspend a valid zoning ordinance to the prejudice of a land owner.
Naylor v. Township of Hellam, 565 Pa 397, 773 A.2d 770 Pa Supreme Court (June 20, 2001)
Township demonstrated impermissible bad faith in plan review process by ignoring the developer's attempts to receive feedback on plan issues and by not agreeing to accept the time extension offered by the developer.
Highway Materials, Inc. v. Bd. of Supervisors of Whitemarsh Twp., 974 A.2d 539 (Pa. Commw. Ct. 2009).
A division-in-fact of property does not in itself constitute Subdivision approval under the MPC.
Guido v. Sandy Township,
880 A.2d 1220 (Pa. 2005)
SUBDIVISION AND LAND DEVELOPMENT PLAN: WAIVER/MODIFICATION BY MUNICIPALITY.
Ruf v. Buckingham Twp., 765 A.2d 1166 (Pa. Commw. January 11, 2001).
Submitting property to the planned community form of ownership may require subdivision plan approval prior to conveyance of units.
Frank N. Shaffer Family Ltd. P’ship v. Zoning Hearing Bd., 964 A.2d 23 (Pa. Commw. Ct. 2008).
The MPC does not require a municipality to accept dedication of a street or road simply because it is built to public road specifications under a subdivision and land development ordinance.
Hanscom v. Bitler,
883 A.2d 1111 (Pa. Cmwlth. 2005).
Plan Denial Letters: Reasons for denial must be specified. Incorporation by reference to municipality's engineer's report may be sufficient.
Advantage v. Board of Supervisors of Jackson Township, 743 A. 2d 1008 (2000).
A municipal board’s rejection of a development plan satisfies Section 508(2) of the MPC so long as one of the stated reasons for rejection properly cites applicable ordinance provisions.
Kassouf v. Scott Twp.,
584 Pa. 219, 883 A.2d 463, 2005 Pa. LEXIS 2136 (Pa. 2005).