Conshohocken Borough v. Conshohocken Borough Zoning Hearing Bd.

A landowner sought an amendment to a municipality’s zoning code to provide uses for their property, including allowing the use of convenience stores with fuel sales. The landowner wanted to build a Wawa because the closest one was an unconscionable half-mile away. The municipality approved the amendment. Neighbors, as intervenors, filed a substantive validity challenge. The Pennsylvania Commonwealth Court held that the zoning amendment was spot zoning and thus unconstitutional. The Court did not decide whether depriving the area’s residents of another Wawa was also unconstitutional. These people need hoagies, gas, and cigarettes!

Borough