A recent decision by the Commonwealth Court holds that when a municipality is required to hold a public hearing before adopting a zoning or subdivision and land development ordinance, the purpose of the public hearing is only for the purpose of collecting public comment on the proposed ordinance. The actual enactment of the proposed [...]
Be careful! If a zoning hearing board proceeding is continued solely for purposes of deliberation, briefing and/or a decision by the board and the parties are not allowed to present any additional evidence and/or argument at the next proceeding, it is not a hearing and a written decision must be rendered within 45 days [...]
On September 23, 2008, the Commonwealth Court issued a preliminary opinion on the East Brunswick Township case involving an ordinance that prohibits corporations from applying sewage sludge. The Attorney General filed a Complaint for Declaratory Judgment and Injunctive Relief that the East Brunswick ordinance violated Act 38. The Township filed preliminary objections claiming that [...]