Opinion

Hamilton v. Zoning Hearing Board

  • 57 Pa. Commw. 451
  • 426 A.2d 1309
  • 1981 Pa. Commw. LEXIS 1294
Court
Commonwealth Court of Pennsylvania
Filed
Mar 12, 1981
Status
Published
Author
Rogers
On the bench
Blatt, Mercer, Rogers
Cited by
3 cases

The opinion

Dissenting Opinion by

Judge Rogers:

I dissent because in my opinion it was not necessary for the Board to make each and every one of the five findings enumerated in Section 912 of the MPC, 53 P.S. §10912. It was the landowner’s position that the residential zoning of the rear portion of its lot *456 made that portion of the property useless; that the zoning restriction was therefore invalid; and that the variance allowing another use was required to provide the landowner with its constitutional right in its property. The findings required by Section 912 become irrelevant. This point is made in R. Ryan, Pennsylvania Zoning Law and Practice, Section 6.1.8 (1970):

Where an owner’s land ... is denied any reasonable use by an unduly restrictive ordinance, the findings [of Section 912] are not ‘relevant in [the] given case’, and are not necessary.

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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