Opinion

School District v. Zoning Board of Adjustment

  • 417 Pa. 277
  • 207 A.2d 864
  • 1965 Pa. LEXIS 413
Court
Supreme Court of Pennsylvania
Filed
Mar 16, 1965
Status
Published
Author
Bell
On the bench
Bell, C.J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts
Cited by
51 cases

zoning is peculiarly a local matter, and prohibition imposed on municipality by Home Rule Act against exercise of powers contrary to, or in limitation of, other acts of General Assembly applies only to substantive matters of statewide concern

How later courts described this case

  • zoning is peculiarly a local matter, and prohibition imposed on municipality by Home Rule Act against exercise of powers contrary to, or in limitation of, other acts of General Assembly applies only to substantive matters of statewide concern
  • zoning regulation requiring off street parking held applicable to proposed school construction; school code provisions weighed against the city's zoning power
  • when legislature vested police power in city, not school district, the district could not exercise the city's powers
  • iquoting Port Arthur Indep. Sch. Dist. v. City of Groves, 376 S.W.2d 330, 334 (Tex.1964)

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Chief Justice Bell:

I dissent.

Notwithstanding the fact that the majority does not expressly decide the question, the implication and the necessary result of the majority Opinion is to enable the City to practically and effectually prohibit the erection of adequate school buildings within zoned areas or districts, in which the School Board desires and the City opposes a school.”/

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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