Baederwood Shopping Center
 

Legal references and such that may apply ....
Without the insight of the lawyer paid by our tax dollars, which as of this writing we have been denied, we are left to seek out relevant caselaw and  regulation regarding this and form our own opinions.  Below is what I have been able to find thus far.... 

Ryan on Pennsylvania Zoning

This excerpt from the book “Ryan on Pennsylvania Zoning” sent Dec 13,  2010 by Commissioner Kline . He says Ryan's is considered to be the "bible" on PA zoning laws . It says:

The general rule is that the governing body must approve a subdivision plan if it complies with the applicable statutes and ordinances.  While there is some authority for the proposition that a subdivision application may be denied if there is a showing that the plan would injurious to the public interest, Braun v. Swarthmore Borough, 288 A.2d 830 (Pa.Cmwlth. 1972), the kind of public injury which will justify denial of an otherwise conforming plan must be specific, and substantial.  From the outset, the courts ruled that a subdivision application may not be denied on the grounds that the use is inappropriate, or that the plan shows ‘poor planning’ and ‘over development’ or does not make adequate provisions for traffic flow, or for other similar or ‘policy’ reasons unless those policies are referenced in the specific requirements of the ordinance itself.  Scluffer v. Plymouth Township, 379 A.2d 1060 (Pa.Cmwlth. 1977) [string citations omitted] [emphasis added].” 
--------------------------------------------

It would appear that if Abington had strict policy regarding traffic or safety issues, we might have a firm leg to stand on .

__________________________________________
 

In Realen v. Upper Merion Township April 12, 2001 which is being relied on to some degree, and (surprise) the attorney ( or at least one of them ) is none other than Brandolini's own Marc Kaplin - whose firm has also been involved with validity challenges for billboards.  The property was Agricultural but surrounded by Highways . Not similar to ours at all . Requests for information that led our hired solicitor  to come to the conclusions that have been publicly announced have not been answered as of this writing - nor have they taken into account our ability to address  public health, safety, morality, or welfare as per above or below. The municipality may utilize zoning measures that are to the protect and preserve these interests .  

In the appeal of Realen argued Nov  2001 and filed June 2002  the court found that  Realen failed to meet its burden that the zoning was unreasonable or lacking relationship to the Township's  public health, safety, morals, and general welfare;
http://www.aopc.org/OpPosting/CWealth/out/2782CD00_6-4-02.pdf
but if you read the whole case, Realen finally prevailed in the Supreme Court and was granted relief
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=bcdjc&searchTerm=eSKi.XXWa.UYeO.Hbaj&searchFlag=y&l1loc=FCLOW
_____________________________________

 see also  Commercial Properties, Inc. v. Peternel, 418 Pa. 304, 211 A.2d 514, 519 (Pa. 1965) " -

no matter whether it is a one-quarter acre lot or a 50 acre industrial complex which is the subject of the rezoning, if it is aimed at preventing a theretofore legal use of an integrated unit owned by one common interest, the action cannot be supported as valid rezoning."  - But we are not trying to prevent a legal use - the legal use is R1 .  The R1 plot they want to rezone is NOT surrounded by PB uses -  so one might think they could not reasonably be expected to demand to be given PB even if  their "surrounded"  theory prevailed.

___________________
 

see also  Appeal v. Benech, 28 Pa. Commonwealth Ct. 415, 368 A.2d 828 (1977),

see also  National Land and Investment Co. v. Easttown Township Board of Adjustment -1965

 

   

 

__________________________________________________________

  Please feel free to post your comment here - either with your own email or you may post anonymously & use ours .  Send your the information to: lel@abingtoncitizens.com 

 

 

 

 

 

 

 

 

  THE NEWSLOOP     Sign up here to receive our periodic Newsloop updates on issues that matter to us all.
Knowledge is power. Stay informed to help shape your community and make a difference.

Abington Township, with John Spiegelman in charge, revamped the entire Township website at the end of 2015 and broke all the links to the information we had archived on this site for you.   In 2017, Manager Richard Manfredi arrived and assigned someone not qualified to redo the entire website again. They not only broke all archived links we had reinstated, but made everything as impossible to find as they could. Nearly all of our comments and recommedations to fix the Township website have been wholly ignored.

So we do need volunteers to work together helping the Township create a site that is functional and accessible.  We will be reinstating links as we find them....if the data is still available. So... please let us know if you find a broken link. Send us the URL of the link  and the name of the page it is on, and if we can, we'll reinstate it.
Thanks for the help.

DISCLAIMER:
The information on this page or in this site may have unintentional inaccuracies, and also has opinions.
It should not be relied upon as fact until investigated personally by the reader.  Please read our full Disclaimer and read our Policies page before using this site.
All who find inaccuracies are asked to please contact us so we may correct them.