Pennsylvania Real Estate, Land Use, Zoning, and Municipal Lawyers

This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Category: Land Use and Zoning (page 1 of 9)

In Re: Appeal of Penneco Envtl. Sols., LLC from the decision of the Zoning Hearing Bd. of the Borough of Plum, No. 931 C.D. 2018 (Pa. Commw. Ct., March 8, 2019).

In this appeal from Allegheny County, the Commonwealth Court reaffirmed the principal that under Pennsylvania law, municipalities may not require a party to obtain permits from outside agencies before granting zoning relief. The Court held that in such a scenario, the appropriate procedure is to condition approval of the zoning relief upon the applicant receiving such permits, as opposed to denying the application outright.

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The Faithful Laurentians v. City of Phila., Zoning Bd. of Adjustment, No. 1440 C.D. 2017 (Pa. Commw., February 12, 2019). UNREPORTED OPINION. Memorandum Opinion.

In this appeal, the Commonwealth Court found that an informal citizens group who failed to appear before the City of Philadelphia’s Zoning Board of Adjustment lacked standing to appeal the Board’s decision because the group was not an “aggrieved person” with representational standing.

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Porter v. Chevron Appalachia, No. 16 WDA 2018 (2019 PA Super 31).

In this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of Chevron’s oil and gas rights.

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T Mobile Northeast LLC v. City of Wilmington, No. 18-1831 (3rd Cir. January 10, 2019).

In this appeal involving an application by T Mobile to install a cellular antenna in the City of Wilmington, Delaware, the Third Circuit held that T Mobile’s untimely supplemental complaint cured its’ initial unripe complaint.

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Krug v. Bd. Of Supervisors of E. Nantmeal Twp., et. al., No. 637 C.D. 2018 (Pa. Commw. Ct. January 8, 2019) UNREPORTED.

 In this land use appeal from Chester County, the Commonwealth Court (“Court”) upheld the denial of an Objector’s appeal from a decision of the East Nantmeal Township Board of Supervisors, which approved an amendment to a subdivision.

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Vasky v. Zoning Hearing Bd. Of Newton Twp., No. 560 C.D. 2018 (Pa. Commw. Ct., January 8, 2019) UNREPORTED.

What is the definition of a “building lot?” That question is the subject of this appeal from Lackawanna County.

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Meyer, et. al. v. City of Pittsburgh Historic Review Comm., 201 A.3d 929 (Pa. Commw. Ct. January 7, 2019).

In this appeal from Allegheny County, the Commonwealth Court found no error in a decision made by the City of Pittsburgh’s Historic Review Commission, which issued a certificate of appropriateness for a proposal to construct a new home in a historic district called “Lemmon Row.”

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Cornerstone Residence, Inc. v. City of Clairton, No. 18-1239 (3rd Cir. December 31, 2018).

In this appeal, the Third Circuit Court of Appeals ruled that the City of Clairton’s zoning ordinance, which banned “treatment centers” for recovering drug and alcohol addicts from being located in residential areas, did not discriminate against recovering drug addicts in violation of the Fair Housing Amendments Act.

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Thorpe v. Upper Makefield Township, No. 17-3228 (3rd Cir. December 28, 2018).

In this appeal originating from Upper Makefield Township (the “Township”) in Bucks County, PA, the Third Circuit Court of Appeals rejected Appellant Dale Thorpe’s contention that the Township discriminated against him in various land use and zoning disputes based on his Native American race.

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Driscoll v. Zoning Bd. Of Adjustment of Philadelphia, No. 124 C.D. 2018 (Pa. Commw. Ct., December 27, 2018).

In this appeal from Philadelphia County, the Commonwealth Court determined that the Court of Common Pleas of Philadelphia County correctly quashed an appeal from the issuance of a permit by the Philadelphia Department of Licenses and Inspections (“L&I”), where the applicant abandoned the permit.

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