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

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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
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 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.

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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

 

   

 

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  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 

 



 

 

 


 

 


 

 

BROKEN LINKS ALERT  

Abington Township recently completely revamped their website at the end of 2015 . All links directed to the old site were broken. We will be reinstating links as we find them and if the data is still available.  
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