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Cossell v. Connellsville Township of Supervisors

Appeal quashed because neither the trial court nor the Commonwealth Court had jurisdiction to hear the landowner's appeal from the Board's denial of his request for rezoning; the denial of plaintiff's application was a legislative act not subject to direct judicial review.

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ARGUED: May 7, 2001

Raymond E. Cossell (Landowner) appeals from an order of the Court of Common Pleas of Fayette County that affirmed the decision of the Connellsville Township (Township) Board of Supervisors (Board) that denied Landowner’s request for the rezoning of his property.

On January 23, 1998, Landowner filed a petition, requesting a change of zoning for his property from R-2 (medium density residential) and M-1 (light industrial) to M-2 (heavy industrial for warehousing purposes). On February 18, 1998, at a public hearing, the Board heard testimony. At the end of the hearing, the Board’s solicitor indicated that a request would be sent to the State Ethics Commission for an opinion regarding which Board members could decide the case because of alleged conflicts of interest. Then at a regular meeting on September 10, 1998, the Board voted and denied the request for the change in zoning. The Board members voted as follows:

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