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.