Zoning Validity Challenges

Atherton Dev. Co. v. Twp. of Ferguson (2011)

Peninsula of land zoned residential surrounded on one side by commercial and residential zoning, on a second side by commercial zoning and a third side by residential zoning was not subject of reverse spot zoning.

Atherton Dev. Co. v. Twp. of Ferguson, 29 A.3d 1197 (Pa. Commw. Ct. 2011)


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TWL Realty, LLC v. W. Hanover Twp. Zoning Hearing Bd. (2016)

Municipality is not permitted through its zoning ordinance to regulate matters of parole and probation. The Commonwealth, alone, determines whether a Department of Corrections resident is a potential menace to public safety, and if the resident is permitted to enter a "work-release facility."

TWL Realty, LLC v. W. Hanover Twp. Zoning Hearing Bd., 2016 Pa. Commw. LEXIS 8 (Pa. Commw. Ct. 2016).

Date of Decision: 1/5/16


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Geryville Materials, Inc. v. Lower Milford Township Zoning Hearing Board (2009)

Challenges to the validity of zoning ordinances based on the void ab initio doctrine were rejected based on the period of time of acquiescence – the period the ordinances survived without challenge, the reasonable reliance on the provisions of the ordinances by Township residents and the potential turmoil that would result upon declaring the ordinances void based on procedural defects in enactment.

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

Date of Decision: 5/13/09


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Arbor Resources Limited Liability Co. v. Nockamixon Township (2009)

Zoning ordinances regulating oil and gas operations, including restrictions on lot size, setback requirements and environmental protections, constitute traditional zoning which may be challenged only through the statutory zoning appeal procedure in the MPC. The Common Pleas Court could not exercise equitable jurisdiction to review the same unless the challenger first exhausted the appeal procedure in the MPC.

Arbor Resources Limited Liability Co. v. Nockamixon Township, 973 A.2d 1076 (Pa. Commw. 2009).

Date of Decision: 5/11/09


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