Davis-Haas v. Exeter Twp. Zoning Hearing Bd., PICS Case No. 17-1189 (Pa. Commw. July 12, 2017) Simpson, J. (52 pages).
Procedural validity challenge to zoning ordinance upheld where municipality failed to strictly comply with statutory public notice requirements, even though challenging landowner had actual notice of proposed ordinance. Order of the trial court affirmed.
August 04, 2017 at 12:06 PM
4 minute read
Residential Development • Procedural Validity Zoning Ordinance Challenge • Enforcement of Settlement Agreement
Davis-Haas v. Exeter Twp. Zoning Hearing Bd., PICS Case No. 17-1189 (Pa. Commw. July 12, 2017) Simpson, J. (52 pages).
Procedural validity challenge to zoning ordinance upheld where municipality failed to strictly comply with statutory public notice requirements, even though challenging landowner had actual notice of proposed ordinance. Order of the trial court affirmed.
Objectors, owners of property adjacent to a tract of land owned by landowner, whose residential development application was objected to by objectors, appealed from the decision of the trial court, which affirmed a ruling of the Exeter Township Zoning Hearing Board that granted landowner's procedural validity challenge to a zoning ordinance adopted by the township. Under the township's old ordinance, landowner's property was zoned as low density residential, but the new ordinance changed the classification to suburban residential, severely restricting the number of lots that could be subdivided in landowner's property. Landowner filed a challenge to the validity of the new ordinance, but withdrew its challenge upon reaching a settlement with the township for it to review landowner's application under the old ordinance.
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