Opinion

Newtown Square East, L.P. v. Zoning Hearing Board of Newtown Township

  • 64 A.3d 624
Court
Supreme Court of Pennsylvania
Filed
Mar 25, 2013
Status
Published
Cited by
1 cases
Authority
More cited than 48.1%

The opinion

*625

ORDER

PER CURIAM.

AND NOW, this 25th day of March, 2013, the Petitions for Allowance of Appeal are GRANTED, LIMITED TO the issues set forth below. The issues, as stated by Petitioner, are:

1. Did the Commonwealth Court err in interpreting the MPC as authorizing a developer’s Tentative Plan to designate the use of buildings by generic designation only as “residential” or “nonresidential” so as to effectively negate the MPC’s due process safeguards requiring notice and a public hearing and thereby deny due process to the public and neighboring property owners?

2. Did the Commonwealth Court err in adopting a novel interpretation of MPC Section 707(4)(iv) that has no basis in the law, that conflicts with the meaning of the term “use” throughout the MPC, and that conflicts with this Court’s decision in Eves v. Zoning Board of Adjustment, 401 Pa. 211 , 164 A.2d 7 (1960)?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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