Alan Nochumson, left, and Alex Hamilton, right, of Nochumson P.C. Courtesy photos Commonwealth Court Rejects Attempt to Strike Down Ordinance Due to Alleged Spot Zoning
In a recently published opinion, the Pennsylvania Commonwealth Court in Burd v. Borough of Brentwood Zoning Hearing Board, rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning.
November 08, 2023 at 10:09 AM
8 minute read
In a recently published opinion, the Pennsylvania Commonwealth Court in Burd v. Borough of Brentwood Zoning Hearing Board, 2023 Pa. Commw. LEXIS 92 (April. 18, 2023) rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning. In its analysis, the Commonwealth Court emphasized the heavy burden a challenger must meet to overcome the presumptive validity of a zoning ordinance.
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