Briar Meadows Development, Inc. v. South Centre Township Board of Supervisors
Supreme Court of Pennsylvania
3 A.3d 673 (Pa. 2010)
Relevant factsFree
Briar Meadows Development (plaintiff) held an option on land zoned agricultural under a South Centre Township ordinance and applied to the Township Board of Supervisors (defendant) to rezone it commercial/industrial; the Board held a hearing and denied the application. Briar challenged the denial, arguing the agricultural zoning was inconsistent with the township's comprehensive plan, but Pennsylvania state law expressly barred invalidating a municipal zoning action based on inconsistency with a comprehensive plan.
IssueFree
Whether a zoning ordinance's inconsistency with a municipality's comprehensive plan can serve as the basis for a substantive legal challenge to that ordinance.
Related cases
Kaur v. New York State Urban Development Corporation933 N.E.2d 721 (2010)Bailey v. Stonecrest Condominium Association696 S.E.2d 462 (2010)PHH Mortgage Corp. v. Barker940 N.E.2d 662 (2010)Krummenacher v. Minnetonka783 N.W.2d 721 (Minn. 2010)Plains Grains Limited Partnership v. Board of County Commissioners of Cascade County238 P.3d 332 (2010)