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

Tag: Land Use

Commonwealth Court Holds That Sunday Go-Cart Racing Was Natural Expansion of Prior and Legal Nonconforming Use at Recreational Park

This case required the Commonwealth Court to examine a prior nonconforming use at a recreational park open to the community.  Hunterstown Ruritan Club (the “Club”) sought to expand its go-carting operations to include racing on Sundays.  While the Straban Township Zoning Hearing Board (the “Board”) prevented the Club from doing after deeming it impermissible because it was not a use reflected in the Club’s certificate of nonconformance, the Commonwealth Court reversed and remanded, holding that the Club’s previous racing events on Sundays entitled it to protection.

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Commonwealth Court Holds Bethlehem Landowner Had Right to Convert Deli to Restaurant

The applicant owned property in the city of Bethlehem, which was zoned RT High Density Residential.  The applicant operated a deli on the property, which was a nonconforming use.  The deli had been in business since the board approved a change in the use of the property from insurance office to a deli in 1998.  The deli began operating at a loss in 2010.  The applicant sought to expand the deli to a restaurant, which the applicant argued was a reasonable use of the property, for the survival of the business.

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