The Pennsylvania Commonwealth Court affirmed the trial court’s order invalidating a township’s zoning ordinance. Developer filed a Substantive Validity Challenge (SVC) to Zoning Ordinance Section 153-619 with the Board of Supervisors of Towamencin Township (Board). Developer alleged that municipalities may not consider private property rights, including easement rights, in determining land development approval applications. The Board denied the Substantive Validity Challenge. Developer appealed the Board’s denial and refusal to adopt a Curative Amendment. The trial court reversed and struck Zoning Ordinance Section 153-619 as invalid. The Board and Developer cross-appealed. The Commonwealth Court affirmed, ruling that Pennsylvania law does not allow the delegation of zoning authority to a nongovernmental entity, and the Board erred in determining otherwise.
