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

Tag: Commonwealth Court (page 1 of 14)

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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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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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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James v. County of Bucks, No. 46 C.D. 2018 (Pa. Commw. Ct. December 21, 2018).

In this appeal from a Bucks County jury verdict in favor of Esther James and against the County of Bucks, the Commonwealth Court discusses the extent of a land owner’s liability under the Recreational Use of Land and Water Act (“RULWA”).

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Brown v. Pa. Dept. of Health, 1425 C.D. 2017 (Pa. Commw. Ct. December 21, 2018)

In this appeal from a determination of the Office of Open Records (“OOR”) pursuant to a request under the Right-to-Know Law (the “RTKL”), the Commonwealth Court rejected the claim of requester, Alton Brown, who alleged that the Department of Health (“DOH”) did not disclose a complete record, and charged him unreasonable fees for the request.

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In re Appeal of Bd. of Auditors of McKean Twp., 1419 C.D. 2017 (Pa. Commw. Ct. December 21, 2018).

In this appeal from Erie County, the Commonwealth Court discusses the authority of a township’s Board of Auditors to set the compensation for township employees who concurrently serve as members of the Township Board of Supervisors.

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Heck v. Worcester Twp. Zoning Hrg. Bd., No. 1900 C.D. 2017 (Pa. Commw. Ct. December 19, 2018).

In this land use appeal from Montgomery County, the Commonwealth Court re-affirmed the requirement that an applicant seeking a dimensional variance from a provision of a local zoning ordinance prove that the subject property is burdened by an unnecessary hardship to justify the requested relief.

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Smith v. Bd. of Supervisors of W. Pennsboro Twp., No. 873 C.D. 2017 (Pa. Commw. Ct. December 19, 2018).

In this land use appeal from Cumberland County, the Commonwealth Court refused to strike down a Township’s adoption of two zoning ordinances, which rezoned a property from residential to industrial, on procedural grounds relating to notice and public comment.

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