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Publication Date: 2024-01-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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for defendant:
Case Number: 1473 C.D. 2022
Trial court erred in affirming zoning board's grant of a special exception and dimensional variances because landowners did not carry their burden of establishing that they met the requirements for the board to issue numerous dimensional variances and a special exception for former church property in a R-2 residential zone. Reversed.
Publication Date: 2024-01-08
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 481 C.D. 2022
Municipality could not pursue zoning ordinance violation enforcement action where notice of violation failed to advise landowner of their right to appeal to the township zoning hearing board or the deadline by which the appeal had to be filed. Order of the trial court vacated and remanded for dismissal.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 1055 C.D. 2022
Trial court correctly applied de novo standard of review to appeal of conditional use application denial where local board's tie vote meant it adopted no findings of fact for the trial court to examine under an appellate standard of review. Order of the trial court affirmed.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 620 CD 2023
The court requested that the Commonwealth Court affirm its decision denying the appeal of neighboring property owners and affirming the decision of the Zoning Board of Adjustment that found substantial evidence supported the variances requested by CDPHI LLC to relocate lot lines to subdivide three parcels into nine parcels.
Publication Date: 2023-12-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-04383
Appellants appealed a township zoning hearing board's decision granting a residential variance application regarding maximum permissible non-green area. The court reversed where Board's characterization of the requested variance as de minimis was based upon a demonstrably incorrect calculation of the extent by which applicants' project would exceed the maximum permissible non-green space for their property.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 528 C.D. 2021
Trial court erred in ruling that homeowners association lacked standing to appeal approval of conditional use application for adjacent development where association members appeared at the public hearing and voiced objections and the township lacked a formal process for hearing attendees to declare party status. Order of the trial court reversed and remanded.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1097 C.D. 2021
Common pleas court erred in finding appellants' appeal of board's decision that they violated a zoning ordinance was untimely, in upholding board's decision about appellants' fence and in failing to consider appellants' equitable defenses but court rejected appellants' argument that board lacked authority to enforce the ordinance road weight restrictions. Reversed and vacated in part.
Publication Date: 2023-11-20
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Bateman
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-00149
Appellant appealed the court's order denying and dismissing her appeal of a township council's land development decision. The court requested that its order be affirmed.
Publication Date: 2023-11-20
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10166 OF 2023, C.A.
Plaintiff township sought a preliminary injunction prohibiting defendant property owner from utilizing its property as an online short-term rental facility in violation of the township zoning ordinance. The court granted the motion, observing that while defendant had ceased using its facility as a short-term rental, there was no evidence that defendant's facility had been altered in such a way that it could not be operated as a short-term rental once more, and thus the issue was not moot and entry of a preliminary injunction was warra
Publication Date: 2023-11-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 769 C.D. 2022
Trial court properly denied appellant's motion to enforce a settlement agreement of a dispute concerning zoning violations because evidence showed the parties never came to a meeting of the minds. Affirmed.
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