Good news from the Commonwealth Court! In Geryville Materials, Inc. vs. Lower Milford Township, 1823 C.D. 2008 (filed May 13, 2009), the Commonwealth Court ruled that the void ab initio doctrine does not apply when a municipality can show that persons interested in the operation of the ordinance have ”acquiesced” to the substance of the ordinance and, despite procedural infirmities, the ordinance has [...]
The Attorney General scored a victory under ACRE in the Pa Supreme Court in Com. of Pa. vs. Locust Township, 14 MAP 2007 (4/29/09). ACRE was enacted on July 6, 2005 to ensure that local regulation of normal agricultural operations are consistent with Commonwealth policies and statutes. Before ACRE was enacted, Locust Township had on [...]
            In Quest Land Development Group et al. v. Township of Lower Heidelberg, 2228 C.D. 2008 (Commonwealth Court, filed April 30, 2009), Quest was denied a special exception to construct homes. Quest filed the normal appeals, but also filed a complaint alleging that the three zoning hearing members never filed a financial interest statement as [...]