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Valianatos v. Zoning Hearing Board Of Richmond Township

An ordinance rezoning plaintiff's property in a way that reduced its value was held invalid because the Township failed to strictly comply with the requirements necessary to give notice of the meeting at which the ordinance was enacted.

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SUBMITTED: December 4, 2000

The issue presented is whether the Court of Common Pleas of Berks County (trial court) erred by sustaining the zoning appeal of Menelaos Valianatos (Landowner) and declaring the Richmond Township Zoning Ordinance No. 78- 1998 invalid for failing to comply with the provisions of the Municipalities Planning Code (MPC). *fn1 We hold that Richmond Township (Township) failed to give adequate public notice pursuant to Section 610 of the MPC, 53 P.S. �10610, with regard to Zoning Ordinance No. 78-1998. Thus, we affirm the decision of the trial court.

The relevant facts of this case are as follows. On December 27, 1989, Landowner, his wife Katherine Valianatos, his son Christopher Valianatos and his daughter-in-law Kim Valianatos purchased 10.537 acres located on the south side of U.S. Route 222 in Richmond Township. This property was the former site of the Glockenspiel Restaurant, which burned to the ground in 1986. Landowner intended to rebuild and reopen the Glockenspiel Restaurant using the same “footprint” where the former restaurant stood. In furtherance of his plan, Landowner purchased the use of the Glockenspiel name and the restaurant’s liquor license. Landowner also intended to build a new 150-room motel/hotel on the site. Due to personal problems, Landowner did not begin commencement of the project until July 1997.

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