Zoning Validity Challenges

White v. Township of Upper St. Clair (2009)

Waiver and laches do not serve as a defense to a citizen’s action challenging a zoning amendment to permit a communications tower on public property where the municipality failed to provide sufficient information to put citizens on notice of the project.

White v. Township of Upper St. Clair, No. 886 C.D. 2008, 2009 Pa. Commw. LEXIS 78 (Pa. Commw. March 3, 2009).

Date of Decision: 3/3/09

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Keinath v. Township of Edgmont (2009)

An ordinance restricting development in an R-1 District to one unit per two acres was not invalid or subject to curative amendment where the restriction was reasonably related to the Township’s interest in protecting the public health, safety and welfare and the Ordinance did not completely exclude a legitimate use.

Keinath v. Township of Edgmont, 964 A.2d 458 (Pa. Commw. 2009).

Date of Decision: 1/22/09

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Appeal of: Rural Route Neighbors (2008)

Evidence that the Township solicitor followed customary office procedures for mailing letters was sufficient evidence that the township complied with the requirements of the MPC for forwarding amendments to ordinances within 30 days of enactment even though there was no evidence of actual receipt by the planning department.

Appeal of: Rural Route Neighbors, 960 A.2d 856 (Pa. Cmwlth. 2008).

Date of Decision: 10/22/08

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Marriott Senior Living Services, Inc. v. Springfield Twp. (1999)

A Zoning Ordinance Will Violate the Fair Housing Act, Americans with Disabilities Act and the Equal Protection Clause Where a Disparate and Discriminatory Impact on the Protected Class is Shown by Explicit Discrimination by a Municipality

Marriot Senior Living Services, Inc. v Springfield Township, 78. F.Supp. 2d 376 ED Pa (December 7, 1999)

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Baker v. Chartiers Twp. ZHB (1996)

SPOT ZONING: Determined by totality of circumstances. Size of rezoned tract and inconsistency with comprehensive plan as criteria for claim of spot zoning.

Baker v. Chartiers Township Zoning Hearing Board; 677 A2d 1274 (1996)

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In re: Schieber (2007)

A municipality did not abuse its discretion by adopting a more restrictive ordinance with respect to flood plain boundaries than that required by FEMA.

In re: Schieber, 927 A.2d 737 (Pa. Commw. 2007).

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