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

Tag: J. Leadbetter

Denial of Conditional Use Application Reversed After Borough Council Failed to Shift Burden to Objectors

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.

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Evidence Supporting Exemption Not Necessary Where Request Clearly Falls Within RTKL Exemption

In this appeal from a final determination of the Office of Open Records, the Commonwealth Court was asked to determine whether an agency’s failure to present evidence in support of their claimed exemption from disclosure under the Right-to-Know Law (RTKL), amounted to a default determination requiring disclosure. In finding that it did not, the court held that where the plain language of a request falls within an exemption, additional evidence is unnecessary.

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