An East Penn Township, Pa., zoning ordinance has survived state Supreme Court review at least partly because of an undeveloped record regarding a last-minute, and unadvertised, change to the law.
The justices rejected arguments from the owners of a 100-plus acre plot of land in Carbon County, Pa., who had appealed the ordinance 12 years after it went into effect. The court, instead, concluded the lawsuit was time-barred, as the plaintiffs did not meet the burden of proof to eschew an otherwise 30-day window in which one can challenge a municipal ordinance in Pennsylvania.
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