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).
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).
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).
A zoning ordinance that limits the expansion of mining activities is not per se invalid for failing to provide for reasonable mineral development if the governing body completed the appropriate balancing analysis under Section 603 of the MPC.
Hanson Aggregates Pennsylvania, Inc. v. College Township Council, 911 A.2d 592 (Pa. Cmwlth. 2006).
Ordinance limitation on number of lots that can be subdivided from property was not unconstitutional.
Penn St., L.P. v. East Lampeter Twp. Zoning Hearing Bd., 84 A.3d 1114 (Pa. Commw. Ct. 2014).
In re Petition of Dolington Land Group and Toll Brothers from the Decision of the ZHB of Upper Makefield Twp., 839 A.2d 1021 (Pa. Dec. 30, 2003):
Larock v. Board of Supervisors of Sugarloaf Twp.,
866 A.2d 1208 (Pa. Cmwlth. 2005)
Township's ordinance was de jure exclusionary where definition of treatment center did not include prisons and prisons were not permitted anywhere in the Township.
Atiyeh v. Bd. of Comm’rs of Bethlehem Twp., 41 A.3d 232 (Pa. Commw. Ct. 2012).
Caln Nether Company, L.P., v. Board of Supervisors of Thornbury Township, (Pa. Cmwlth. 2003), 840 A.2d 484