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

Tag: Court of Common Pleas of Adams County

Township Permitted Declaratory Relief To Clear Cut Sewage Easement

In this dispute out of Adams County, a Property Owner attempted to prevent a Township from clear cutting a portion of his property in accordance with a 10 year old right-of-way agreement (“ROW Agreement”) for a sewage easement. In affirming the Court of Common Pleas of Adams County’s grant of declaratory relief to the Township, the Commonwealth Court emphasized that the trial court had merely been interpreting the ROW agreement, and various factual disputes raised by the Property Owner were not properly before the lower court.

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ZHB May Affirm Denial By Zoning Officer Based On Provision Not Cited In Initial Denial

In this case out of Adams County, the Commonwealth Court was presented with a question regarding whether a zoning hearing board (“ZHB”) can deny an application for zoning relief based on a provision that was not raised, or incorrectly cited, by the zoning officer in his initial denial. In finding that the ZHB could make such a finding, the court supported its determination by citing to the fact that the issue had been raised at the zoning hearing and the applicant had been given an opportunity to address the issue and supplement the record prior to its close.

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