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

Tag: Court of Common Pleas of Chester County (Page 1 of 2)

Borough of Parkesburg v. Rzonca, No. 1393 C.D. 2017 (Pa. Commw. Ct. December 17, 2018).

In this appeal from a decision of the Court of Common Pleas of Chester County, the Commonwealth Court held that a property owner subject to an enforcement notice under the International Property Maintenance Code of 2009 (the “Code”), can be deemed to have been placed on notice of alleged Code violations, even if the enforcement notice was facially defective, without running afoul of the property owner’s due process rights.

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Race Car Repair and Maintenance Not Permitted Accessory Use to Residential Dwelling

The DiMattias were issued a zoning violation notice for using a garage and driveway on a residential property they owned in the Township’s R-1 Low Density Residential Zoning District to prepare, repair, and transport race cars. When Landowners purchased the Property in 2009, it contained a single-family detached residence and two garages.  Landowners erected a large pole barn in 2010, and rented out the residence.  In November 2014 the Township issued a notice of violation alleging Landowners were servicing vehicles on the Property from an automobile repair business they owned, and were working on race cars on the Property. The notice directed Landowners to cease and desist their use of the garages and driveway for “servicing vehicles, working on race cars and trailer storage.” Landowners appealed the violation notice to the Township’s Zoning Hearing Board (“ZHB”). The ZHB sustained Landowners’ appeal related to servicing vehicles from their business, but denied it as to their race car activities. The ZHB concluded that their race car activities did not qualify as an accessory use in the R-1 district. Landowners appealed to the Court of Common Pleas of Chester County, which affirmed the ZHB decision, and Landowners appealed to the Commonwealth Court.

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Zoning Appeal to Federal Court Could not be Transferred to State Court After Dismissal on the Merits

In this complaint, the Commonwealth Court was presented with a request to transfer a previously dismissed zoning appeal from federal court back to state court. In finding that transfer was not permitted, the Court ruled that transfer was only permitted when matters were dismissed for lack of jurisdiction and both federal courts had dismissed based on the merits.

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Trial Court Must Perform De Novo Review of Application for Site-Specific Relief Following Successful Validity Challenge

In this case out of Chester County, the Commonwealth Court was presented with a request for site specific relief following a successful validity challenge of the East Pike Township Zoning Ordinance (the “Ordinance”).  In concluding that the Court of Common Pleas of Chester County had erred by denying site-specific relief, the Court found the 1 year limitation in § 916.1(g) was inapplicable, it was improper for the trial court to merely rely upon the conclusions of the East Pike Township Zoning Hearing Board (“ZHB”), and the burden of proving compliance with the Ordinance’s unchallenged, pre-existing, and generally applicable provisions rested upon the Township rather than the successful challenger.

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Court Approval Required for Borough to Sell Public Park for Mixed Use Development

In this opinion by the Supreme Court of Pennsylvania, the Court was asked to determine whether three statutory provisions — the “Donated or Dedicated Property Act” (“DDPA”), the “Project 70 Land Acquisition and Borrowing Act” (“Project 70 Act”), and the Eminent Domain Code — permitted Downingtown Borough (the “Borough”) to sell Borough owned and maintained parkland to private Developers, and to grant Developers easements over portions retained by the Borough. In reversing and remanding the Commonwealth Court’s decision, the Court held the Eminent Domain Code was inapplicable to the Borough’s right to sell properties acquired by condemnation, and court approval was required to sell properties acquired with Project 70 Act funds and to grant easements across park land pursuant to DDPA.

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No Liability Under Section 13 and 15 of Storm Water Management Act Unless County Watershed Storm Water Plan in Place

In this interlocutory appeal from an order of the Court of Common Pleas of Chester County, the Commonwealth Court was asked to interpret the Storm Water Management Act (the “Act”).  Precisely, the court was asked to determine whether a county watershed storm water plan must be in place for a defendant to be liable for violations of Sections 13 and 15 of the Act. In finding that such a plan was a prerequisite to liability, the court affirmed the trial court’s determination and limited liability to flooding instances after such a plan was in place.

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Order Granting Declaratory Relief Related to Uniform Planned Community Declaration Not Subject to Motion to Compel

In this dispute over the placement of air conditioning equipment, the Commonwealth Court was presented with an appeal from a trial court’s order to compel compliance with its earlier order declaring a property owner was subject to certain provisions of a uniform planned community declaration.  In reversing the order, the court held that because the earlier order had granted declaratory relief, it could not have directed any specific action by the property owner and thus the community association’s motion to compel was premature. Continue reading

Court Finds Overall Effect Of Zoning Changes Is Key Factor In Distinguishing Text Amendments From Map Amendments

In this zoning ordinance validity challenge, the Commonwealth Court was asked to weigh in on the difference between a text amendment to a zoning ordinance and a map amendment to a zoning ordinance. In reversing the lower court’s decision that characterized the Ordinance as a text amendment, the court emphasized that the overall effect of the proposed changes was more important to this analysis than the number of proposed changes.

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