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.
Continue readingThis blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: conditional use
In this appeal out of Allegheny County, the Commonwealth Court was presented with an appeal from the reversal of a Borough Council’s denial of a conditional use application. In affirming the Court of Common Pleas of Allegheny County’s reversal, the Commonwealth Court found that Borough Council had not properly shifted the burden of proof to objectors once the applicant had satisfied all objective conditional use requirements in the zoning ordinance.
The Commonwealth Court found in this case that mere “concerns” about gas emissions from a proposed compressor station were insufficient to establish a substantial threat to the community that would justify the denial of a conditional use application.
In this federal magistrate decision, the court found that permitting parks, playgrounds, and educational institutions, but not religious assemblies, in a zoning district constituted a violation of the Equal Terms provision of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”).
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