In this appeal out of Fayette County, the Commonwealth Court was asked to determine which of two conflicting statutes of limitations (“SOL”) applied to petitions for the appointment of a board of viewers following a municipal authority’s declaration of taking and payment of just compensation. In finding that the 1 year SOL within the Urban Redevelopment Law (“URL”) was applicable, the court found that this statute had not been expressly or impliedly repealed by Act 34 which had repealed and replaced the Eminent Domain Code.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: J. Friedman
Presented with a challenge to the City of Philadelphia’s Windows and Doors Ordinance (the “Ordinance”), the Commonwealth Court ruled that the Ordinance was an improper exercise of the City’s police power because it was purely concerned with aesthetics, rather than the safety risks posed by blight.
In this zoning enforcement action out of Northampton County, the Commonwealth Court was presented with a property owner’s appeal of a judgment entered against them for constructing a retaining wall and backfill within the Delaware River floodplain without necessary permits. In affirming the Court of Common Pleas of Northampton County’s (the “trial court”) decision to award attorney fees, a fine, and grant a permanent injunction, the court found that failure to appeal a zoning violation notice to the zoning hearing board (“ZHB”) resulted in a conclusive determination of violation that could not be contested on appeal.
In this case the Commonwealth Court was asked to determine whether “short-term rentals” of residential dwelling units were encompassed within the definition of a “single-family dwelling,” or constituted a separate commercial use. In reversing the trial court’s decision, the Commonwealth Court concluded that such rentals must be permitted, unless expressly prohibited by, or encompassed within another defined use in, the applicable zoning ordinance.
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