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).
Municipality has opportunity to adopt its own cure after court rules the ordinance is unconstitutional and does not necessarily have to agree to the challenger's cure or requested site-specific relief.
Piper Group, Inc. v. Bedminster Twp. Bd. of Supervisors, 612 Pa. 282 (Pa. Commw. Ct. 2011).
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)
Non-agricultural conditional and accessory uses do not undercut the validity of a Zoning Ordinance enacted to preserve active and productive agricultural lands.
Ethan-Michael, Inc. v. Union Twp. Bd. of Supervisors, 918 A.2d 203 (Pa. Cmwlth. 2007).
Zoning ordinance may not exclude bed and breakfast use from the entire municipality.
Thomason v. Zoning Hearing Bd. of Radnor Twp., 26 A.3d 562 (Pa. Commw. Ct. 2011).
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)
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).