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

Tag: substantive validity challenge

In Re: Appeal of Penneco Envtl. Sols., LLC from the decision of the Zoning Hearing Bd. of the Borough of Plum, No. 931 C.D. 2018 (Pa. Commw. Ct., March 8, 2019).

In this appeal from Allegheny County, the Commonwealth Court reaffirmed the principal that under Pennsylvania law, municipalities may not require a party to obtain permits from outside agencies before granting zoning relief. The Court held that in such a scenario, the appropriate procedure is to condition approval of the zoning relief upon the applicant receiving such permits, as opposed to denying the application outright.

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No Illegal Spot Zoning Where Property Not Characteristically Similar To Surrounding Area

This case out of Erie County involved a substantive validity challenge of an ordinance down-zoning a property based on an allegation of illegal spot zoning.  In affirming the dismissal of the challenge, the Commonwealth Court concluded that Objectors had failed to satisfy their burden of establishing that the parcel was characteristically similar to surrounding properties.

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