In a recently published opinion, the Pennsylvania Commonwealth Court in RDM Group v. Pittston Township Zoning Hearing Board, 2004 Pa. Commw. LEXIS 58 (Feb. 20, 2024), found that a local zoning hearing board and the corresponding trial court abused its discretion by failing to properly evaluate the merits of zoning variance requests of a property owner that sought to build a warehouse in Pittstown Township.

According to the opinion, RDM Group proposed to construct a 164,640-square-foot warehouse on a vacant, 17.9-acre triangular parcel that contained woodlands and a creek.