Opinion

McKown v. Board of Supervisors

  • 104 Pa. Commw. 428
  • 520 A.2d 159
  • 1987 Pa. Commw. LEXIS 1995
Court
Commonwealth Court of Pennsylvania
Filed
Mar 9, 1987
Status
Published
Author
Doyle
On the bench
Barry, Colins, Craig, Crumlish, Doyle, MacPhail, Palladino
Cited by
3 cases
Authority
More cited than 9.2%

The opinion

Dissenting Opinion by

Judge Doyle:

I respectfully dissent and would affirm the order of the trial court. The majority view would give greater *437 deference to mobilehome parks than to every other type of residential housing, an application and result I believe clearly not intended by our Supreme Court under Surrick v. Zoning Hearing Board of Upper Providence Township, 476 Pa. 182 , 382 A.2d 105 (1977) or Fernley v. Board of Supervisors of Schuylkill Township, 509 Pa. 413 , 502 A.2d 585 (1985). The essential concept of a PRD is a planned community for all the various types of housing units within the development and I see no reason why mobilehomes in a PRD should be entitled to their own social, recreational and commercial facilities and their own planned activities. See Section 107(14) (definition of a Planned Residential Development) and Section 701 (purposes of a Planned Residential Development) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §§10107(14), 10701.

Judge Colins and Judge Palladino join in this dissent.

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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