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Weekly Caselaw Updates

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In re Garcia

This case involved the appeal of the decision of the Philadelphia Zoning Board of Adjustment's (ZBA) decision to grant a variance. The dispute concerned a project to develop a property, which had been abandoned for decades, in a manner that would include a multi-family residential use. The Pennsylvania Commonwealth Court…

This case involved the appeal of the decision of the Philadelphia Zoning Board of Adjustment’s (ZBA) decision to grant a variance. The dispute concerned a project to develop a property, which had been abandoned for decades, in a manner that would include a multi-family residential use. The Pennsylvania Commonwealth Court affirmed in part, vacated in… Continue reading In re Garcia

Artisan Constr. Grp., LLC v. Zoning Hearing Bd. of Upper Pottsgrove Twp.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court disagreed with the Court of Common Pleas that this appeal should be quashed. Upper Pottsgrove Township appealed a zoning issue and served its statement of errors on the trial court via UPS. The trial court opined that the appeal should be quashed because the litigant did not include a United States… Continue reading Artisan Constr. Grp., LLC v. Zoning Hearing Bd. of Upper Pottsgrove Twp.

Reeves Family Real Estate, L.P. v. Bd of Supervisors of Schuylkill Twp.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed the trial court’s approval of a Planned Residential Development (PRD). Applicants submitted their PRD application to the Township, seeking to develop the Subject Property as 94 dwelling units. The township’s Board of Supervisors (Board) denied the application. Applicants appealed to the trial court, which reversed. The Board appealed to the… Continue reading Reeves Family Real Estate, L.P. v. Bd of Supervisors of Schuylkill Twp.

In re Appeal of Towamencin Sumneytown Pike, LLC
Pennsylvania Commonwealth Court

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… Continue reading In re Appeal of Towamencin Sumneytown Pike, LLC

Troiani Group v. Pittsburgh Bd. of App.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed the Court of Common Pleas order that reversed a zoning board’s decision to permit a demolition plan for the buildings on the property owner’s land. The Commonwealth Court ordered the Court of Common Pleas to uphold the zoning board’s decision because the board’s decision was informed by its members’ expertise… Continue reading Troiani Group v. Pittsburgh Bd. of App.

Czachowski v. Zoning Bd. of Adjustment of Pittsburgh
Pennsylvania Commonwealth Court

A landowner appealed to the Pennsylvania Commonwealth Court from the Court of Common Pleas order that reversed a zoning board’s grant of a special exception. The zoning board allowed the development of a food court in an abandoned warehouse and a special exception and variance for developing a nearby parcel as off-site parking for the… Continue reading Czachowski v. Zoning Bd. of Adjustment of Pittsburgh

Metal Green Inc. v. City of Philadelphia
Pennsylvania Supreme Court

The Pennsylvania Supreme Court considered the correct legal standard to be applied when considering an application for a “use variance” under the Philadelphia Zoning Code, as well as the appropriate standard of review for such determinations. Mt. Airy USA commenced a legal action against Metal Green pursuant to the 2008 Abandoned and Blighted Property Conservatorship… Continue reading Metal Green Inc. v. City of Philadelphia

Wright v. Town of McCandless Zoning Hearing Bd.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court vacated the trial court’s order, which granted a motion to quash. The trial court concluded that Wright lacked standing to appeal the Town of McCandless Zoning Hearing Board’s (ZHB) approval of two-dimensional variances. On appeal, Wright argued that she had standing to appeal in the lower court because she was a… Continue reading Wright v. Town of McCandless Zoning Hearing Bd.

Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals
3rd Circuit

In this long-running dispute, the Virgin Islands Conservation Society, Inc. (“VICS”) — an environmental advocacy organization — challenged a default permit that the Virgin Islands Board of Land Use Appeals granted to Golden Resorts LLLP. VICS filed its petition for writ of review in the Superior Court of the Virgin Islands, a territorial court, and… Continue reading Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals

Conshohocken Borough v. Conshohocken Borough Zoning Hearing Bd.
Pennsylvania Commonwealth Court

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.… Continue reading Conshohocken Borough v. Conshohocken Borough Zoning Hearing Bd.