Recent Zoning Law Decisions
Posted on December 20, 2007
Filed Under Pittsburgh Legal Matters, Real Estate Law
The Pennsylvania Supreme Court ruled in Fernley v. Board of Supervisors of Schuylkill Township that when a zoning ordinance fails to allow a for a legitimate land use in the community, the local government must justify why the use is not permitted. If the municipality or borough cannot do so, exclusionary zoning exists. If a landowner proves exclusionary zoning, then he or she is entitled to relief. The Allegheny County Court of Common Pleas said in Lamar Advertising Co., v. Forward Township Zoning Hearing Board, that Forward Township did not permit billboards anywhere in the Township, and no legitimate reason existed for the exclusion. Therefore, Lamar was entitled to site-specific relief and permitted to place erect their billboard.
If you are a land owner and are facing a zoning ordinance, you may be entitled to receive a legitimate reason for your exclusion from your local Township.. If you are facing a zoning ordinance, you should contact a real estate attorney to evaluate your situation versus the current state of the law.
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