# Joe Darrah, Inc. v. Zoning Hearing Board

> Commonwealth Court of Pennsylvania · July 9, 2007 · 928 A.2d 443

URL: https://www.frixlaw.com/law-library/cases/9649523

## Case

- **Full name:** JOE DARRAH, INC., Appellant v. ZONING HEARING BOARD OF SPRING GARDEN TOWNSHIP and Spring Garden Township
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** July 9, 2007
- **Citations:** 928 A.2d 443; 2007 Pa. Commw. LEXIS 372
- **Precedential status:** Published
- **Opinion:** Dissent by Leadbetter
- **Judges:** Leadbetter, Pellegrini, Leavitt
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649523

## Opinion text

DISSENTING OPINION BY
President Judge LEADBETTER.
I must respectfully dissent. Given that the Township is seeking to enforce the height provision of the junkyard ordinance, I believe the Zoning Officer’s refusal to reclassify the business use on this property is a “determination” appealable to the Zoning Hearing Board under Section 909.1(a)(3) of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, added by the Act of December 21, 1988, P.L. 1329, 53 P.S. § 10909.1(a)(3) and North Codorus Township v. North Codorus Township Zoning Hearing Board, 873 A.2d 845 (Pa.Cmwlth.2005). Therefore, the Zoning Hearing Board did have jurisdiction and we should reach the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649523. Public record. Not legal advice.