Opinion

In Re Petition of Dolington Land Group

  • 576 Pa. 519
  • 839 A.2d 1021
  • 2003 Pa. LEXIS 2602
  • 2003 WL 23095724
Court
Supreme Court of Pennsylvania
Filed
Dec 30, 2003
Status
Published
Author
Eakin
On the bench
Gappy, Castille, Nigro, Newman, Saylor, Eakin, Lamb
Cited by
21 cases
Authority
More cited than 7.4%

noting that the zoning board, as factfinder, is the sole judge of credibility with the power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility

How later courts described this case

  • noting that the zoning board, as factfinder, is the sole judge of credibility with the power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility
  • noting the Zoning Board is the sole judge of credibility with power to resolve conflicts in testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility
  • observing that Section 916.1(h) requires broadened perspective concerning availability of land uses under challenged zoning provisions and multimunicipal comprehensive plan
  • “The... Board as fact-finder is the sole judge of credibility with power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility.”

Written by the judges who cited it.

The opinion

CONCURRING OPINION

Justice EAKIN.

Allowance of appeal was granted to determine the application of Surrick v. Zoning Hearing Board of the Township of Upper Providence, 476 Pa. 182 , 382 A.2d 105 (1977), to the validity of a multi-municipal zoning ordinance. There being insufficient facts of record to do so, the Majority saves the issue for another day, making the lengthy discussion on this issue merely advisory in nature. As such, I would affirm the Commonwealth Court without opinion.

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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