Opinion

Appeal of Geiger v. Zoning Hearing Board

  • 510 Pa. 231
  • 507 A.2d 361
  • 1986 Pa. LEXIS 737
Court
Supreme Court of Pennsylvania
Filed
Mar 31, 1986
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
10 cases

holding that there was no logical basis for an ordinance distinguishing mobile homes manufactured in one complete section from dwellings constructed on site or manufactured in two or more sections

How later courts described this case

  • holding that there was no logical basis for an ordinance distinguishing mobile homes manufactured in one complete section from dwellings constructed on site or manufactured in two or more sections
  • zoning ordinance which allowed mobile homes on individual lots only for related person to provide care for disabled relative was "token exception" to total prohibition against mobile homes on individual lots and thus impermissible
  • drawing the same distinction in an exclusionary zoning case

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

concurring.

I join the majority opinion. That opinion implicitly recognizes the important distinction in exclusionary zoning cases, between equal protection which is applicable when people are being excluded and substantive due process which is applicable when, as in the instant case, the rights of landowners are being affected.

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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