This case required the Commonwealth Court to determine if a municipality had a right to appeal the granting of a special exception by its zoning hearing board. The court held that it did not because the municipality failed to make the appropriate objection in front of the zoning hearing board, and thus, the issue was waived.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: land use appeals
In this case, the Commonwealth Court had to decide whether a board of supervisors was wrong to consider and approve a land development plan prior to the developer obtaining zoning relief. Because the municipality’s subdivision and land development ordinance (“SALDO”) did not require that a land development applicant obtain zoning relief first, the board of supervisors did not err by considering and approving the land development plans.
This matter, arising out of Allegheny County, dealt with whether a written decision must be issued for the appeal period of a land development decision to begin to run. In reversing the Court of Common Pleas of Allegheny County’s decision, the Commonwealth Court determined that until a written decision is issued by the adjudicatory body, there is no order to appeal and thus the appeal period cannot begin to run.
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