Archive for February, 2009

TOWNSHIP TO AUTHORITY TO THIRD PARTY IS OK

February 8th, 2009 by admin | Posted in Municipal News | Comments Off

The Commonwealth Court recently held that it is not a violation of the Second Class Township Code’s bidding requirements for a Township to sell property to its Sewer Authority who in turn transfers it to a third party without public bidding. Carbo v. Redstone Township, 651 C.D. 2008 (Pa. Cmwlth., filed November 20, 2008).
In [...]

STAND UP AND OBJECT

February 8th, 2009 by admin | Posted in Municipal News | Comments Off

In Thompson v. Zoning Hearing Board of Horsham, 2008 WL 5479612 (Pa. Cmwlth. 2009), the Zoning Hearing Board held a hearing on a landowner’s variance requests. A resident of the Township appeared before the zoning hearing board in opposition to a landowner’s application for use and dimensional variances. The landowner did not object [...]

QUARRYING: WHEN ENOUGH IS ENOUGH

February 8th, 2009 by admin | Posted in Municipal News | Comments Off

Is a municipality required to provide for “reasonable mineral extraction” forever and ever under Section 603 of the MPC? The Commonwealth Court recently ruled that the answer is “No”. Larock v. Sugarloaf Township, 151 CD 2008 (December 5, 2008).
Larock was a quarry operator and owned 235 acres in the Township’s conservation district. [...]