Upper Salford Twp. v. Collins, 669 A.2d 335 (Pa. 1995). · Go Syfert
Upper Salford Twp. v. Collins, 669 A.2d 335 (Pa. 1995). Cases Citing This Book View Copy Cite
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100 citation events (69 in the last 25 years) across 7 distinct courts.
Strongest positive: Rufo v. Bd. of License & Inspection Review (pa, 2018-09-13)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Rufo v. Bd. of License & Inspection Review (3×) also: Cited as authority (quoted)
Pa. · 2018 · signal: see · quote attribution · 3 verbatim quotes · confidence high
anyone challenging the constitutionality of such an ordinance bears a heavy burden of proof.
examined Cited as authority (verbatim quote) Tri-County Landfill, Inc. v. Pine Township Zoning Hearing Board (2×) also: Cited as authority (quoted)
Pa. Commw. Ct. · 2014 · quote attribution · 2 verbatim quotes · confidence high
uncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.
discussed Cited as authority (quoted) In Re Petition for Agenda Initiative to Place on the Agenda of Council for Consideration
Pa. Commw. Ct. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
anyone challenging the constitutionality of such an ordinance bears a heavy burden of proof.
discussed Cited as authority (rule) Com. of PA v. A.B. McCormack
Pa. Commw. Ct. · 2026 · confidence medium
In entertaining a void-for-vagueness claim, this Court initially focuses on the language of the Ordinance, see Boos v. Barry, 485 U.S. 312, 329 (1988), keeping in mind the statutory construction principle that “[u]ncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.” Upper Salford T[wp.] v. Collins, 669 A.2d 335, 336 (Pa. 1995).
cited Cited as authority (rule) Mahoning Township v. ZHB of Mahoning Township ~ Appeal of: The Mahoning Drive-In Theater LLC
Pa. Commw. Ct. · 2024 · confidence medium
Upper Salford Township v. Collins, 669 A.2d 335, 337 (Pa. 1995).
discussed Cited as authority (rule) In Re: Apr. 24 Dec. Apl of: Charlestown Outdoor
Pa. · 2022 · confidence medium
Likewise, ordinances are upheld in the face of such challenges through an examination of the zoning ordinance. 47 Claims of de jure exclusion are likewise resolved by examining the zoning ordinance to determine whether it, by its terms, prohibits a particular use in the municipality.48 Patrick Outdoor Media, Inc., 496 A.2d 427, 429 (Pa. Cmwlth. 1985) (holding that an ordinance was de facto exclusionary where it allowed billboards but also imposed size restrictions that rendered the use impossible). 47 See Upper Salford Twp. v. Collins, 669 A.2d 335, 337 (Pa. 1995) (zoning ordinance did not exc…
discussed Cited as authority (rule) Bloomsburg Industrial Ventures, LLC v. Town of Bloomsburg
Pa. Commw. Ct. · 2020 · confidence medium
Moreover, “[i]n determining whether an ordinance creates a de jure exclusion, ‘[u]ncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.’” Montgomery Crossing Assocs. v. Twp. of Lower Gwynedd, 758 A.2d 285, 288 (Pa. Cmwlth. 2000) (quoting Upper Salford Twp. v. Collins, 669 A.2d 335, 336 (Pa. 1995)).
discussed Cited as authority (rule) Bloomsburg Town Center, LLC v. Town of Bloomsburg
Pa. Commw. Ct. · 2020 · confidence medium
Moreover, “[i]n determining whether an ordinance creates a de jure exclusion, ‘[u]ncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.’” Montgomery Crossing Assocs. v. Twp. of Lower Gwynedd, 758 A.2d 285, 288 (Pa. Cmwlth. 2000) (quoting Upper Salford Twp. v. Collins, 669 A.2d 335, 336 (Pa. 1995)).
discussed Cited as authority (rule) Zelienople Borough v. Zelienople Borough ZHB & T.G. Myers
Pa. Commw. Ct. · 2020 · confidence medium
The Borough appealed to this Court.1 Initially, it is axiomatic that “zoning ordinances are to be liberally construed to allow the broadest possible use of land.” Light of Life Ministries, Inc. v. Cross Creek Twp., 746 A.2d 571, 573 (Pa. 2000) (quoting Upper Salford Township v. Collins, 669 A.2d 335, 336 (Pa. 1995)).
cited Cited as authority (rule) Cornerstone Residence Inc v. City of Clairton
3rd Cir. · 2018 · confidence medium
These rules instruct us that “[z]oning ordinances are to be construed in accordance with the plain and ordinary meaning of their words.” Upper Salford Twp. v. Collins, 669 A.2d 335, 337 (Pa. 1995).
cited Cited as authority (rule) Gorsline, B. v. Bd. of Sup. of Fairfield Twp
Pa. · 2018 · confidence medium
Southco, 713 A.2d at 609 ; Upper Salford Twp. v. Collins, 669 A.2d 335, 336 (Pa. 1995).
discussed Cited as authority (rule) Com. (Borough of Palmyra) v. R.U. Brandt
Pa. Commw. Ct. · 2017 · confidence medium
In entertaining a void-for-vagueness claim, this Court initially focuses on the language of the Ordinance, see Boos v. Barry, 485 U.S. 312, 329 (1988), keeping in mind the statutory construction principle that “[u]ncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.” Upper Salford Township v. Collins, 669 A.2d 335, 336 (Pa. 1995).
discussed Cited as authority (rule) Phive Starr Properties, LP v. City of Washington
Pa. Commw. Ct. · 2017 · confidence medium
In addition, it is well established that, “[u]ncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.” Upper Salford Twp. v. Collins, 669 A.2d 335, 336 (Pa. 1995).
cited Cited as authority (rule) In Re: Appeal of L. Baltra From the Decision of the New Britain Twp. ZHB -- Appeal of: Bd. of Supervisors of New Britain Twp.
Pa. Commw. Ct. · 2015 · confidence medium
To that end, “zoning ordinances are to be liberally construed to allow the broadest possible use of land.” U. Salford Twp. v. Collins, 669 A.2d 335, 336 (Pa. 1995).
cited Cited as authority (rule) S. Schwartz v. Philadelphia Zoning Board of Adjustment
Pa. Commw. Ct. · 2015 · confidence medium
Upper Salford Township v. Collins, 669 A.2d 335, 336 (Pa. 1995).
discussed Cited as authority (rule) Newtown Square East, L.P. v. Township of Newtown (2×)
Pa. · 2014 · confidence medium
Township of Exeter v. Zoning Hearing Board of Exeter Township, 962 A.2d 653, 660 (Pa. 2009); Upper Salford Township v. Collins, 669 A.2d 335, 336 (Pa. 1995).
cited Cited as authority (rule) Caln Nether Co., L.P. v. Board of Supervisors
Pa. Commw. Ct. · 2004 · confidence medium
Upper Salford Township v. Collins, 542 Pa. 608, 610 , 669 A.2d 335, 336 (1995).
discussed Cited as authority (rule) In Re Appeal of Realen Valley Forge Greenes Associates (2×)
Pa. · 2003 · confidence medium
Viola v. Cranberry Township Zoning Hearing Board, 561 Pa. 456 , 751 A.2d 165, 166 (2000): In reviewing the Board's decision, we note that our analysis is limited to "determining whether the Board abused its discretion, committed an error of law, or made findings of fact not supported by substantial evidence." Upper Salford Township v. Collins, 542 Pa. 608 , 669 A.2d 335, 337 (1995).
discussed Cited as authority (rule) Phillips v. Zoning Hearing Bd. of Montour Tp.
Pa. Commw. Ct. · 2001 · confidence medium
Our Supreme Court has held that ‘“zoning ordinances are to be liberally construed to allow' the broadest possible use of land’ ” and that “ ‘zoning ordinances are to be construed in accordance with the plain and ordinary meaning of their words.’ ” Light of Life Ministries, Inc. v. Cross Creek Township, et. al, 560 Pa. 462, 467 , 746 A.2d 571, 573 (2000) (quoting Upper Salford Township v. Collins, 542 Pa. 608, 610-12 , 669 A.2d 335, 336-37 (1995)).
discussed Cited as authority (rule) Montgomery Crossing Associates v. Township of Lower Gwynedd
Pa. Commw. Ct. · 2000 · confidence medium
In determining whether an ordinance creates a de jure exclusion, “ [Uncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional.” Upper Salford Township v. Collins, 542 Pa. 608, 610 , 669 A.2d 335, 336 (1995) (citations omitted).
discussed Cited as authority (rule) Cranberry Park Associates v. Cranberry Township Zoning Hearing Board
Pa. · 2000 · confidence medium
In reviewing the Board's decision, we note that our analysis is limited to "determining whether the Board abused its discretion, committed an error of law, or made findings of fact not supported by substantial evidence.” Upper Salford Township v. Collins, 542 Pa. 608, 611 , 669 A.2d 335, 337 (1995).
discussed Cited as authority (rule) Light of Life Ministries, Inc. v. Cross Creek Township (2×)
Pa. · 2000 · confidence medium
We have held that “zoning ordinances are to be liberally construed to allow the broadest possible use of land.” Upper Salford Township v. Collins, 542 Pa. 608 , 669 A.2d 335, 336 (1995).
discussed Cited as authority (rule) Camp Ramah in the Poconos, Inc. v. Zoning Hearing Board of Worcester Township (2×)
Pa. Commw. Ct. · 2000 · confidence medium
Construing the plain language of the ordinance, Bakerstown Container Corp. v. Richland Tp., 508 Pa. 628, 630 , 500 A.2d 420, 421-22 (1985), and affording Camp Ramah the benefit of the less restrictive interpretation, 53 P.S. § 10603.1; 4 Upper Salford Tp. v. Collins, 542 Pa. 608, 612 , 669 A.2d 335, 337 (1995), we conclude that the basin encroachment limitation must be calculated against the total perimeter yard area of the entire tract.
discussed Cited as authority (rule) Southco, Inc. v. Concord Township (2×)
Pa. · 1998 · confidence medium
In addition, zoning ordinances must be liberally construed and interpreted broadly so that a landowner may have the benefit of the broadest possible use of the land. 53 P.S. § 10603.1; Upper Salford Township v. Collins, 542 Pa. 608, 610 , 669 A.2d 335, 336 (1995).
discussed Cited "see" M.N. Ingram v. PA House Republican Caucus
Pa. Commw. Ct. · 2024 · signal: see · confidence high
See Gray v. Hafer, 651 A.2d 221, 225 (Pa. Cmwlth. 1994), aff’d, 669 A.2d 335 (Pa. 1995) (granting a petitioner leave to amend his petition for review to state more specific facts in support of his claim under the Whistleblower Law). 12 Rule 2 E(3) of the Ethical and Professional Conduct Rules of the House of Representatives states “[n]o House employee may be required to perform any task unrelated to the House employee’s official duties, on House work time or the employee’s own time, as a condition of employment or continued employment.” Rule 2 E(3), https//:www.house.state.pa.us/rule…
discussed Cited "see" Podgurski v. Pennsylvania State University (2×)
Pa. Super. Ct. · 1998 · signal: see · confidence high
See Gray v. Hafer, 168 Pa. Commw. 613 , 651 A.2d 221 , affirmed, 542 Pa. 607 , 669 A.2d 335 (1995) (in order to fall within the definition of “wrongdoing” under the Whis-tleblower Law, a violation reported by a public employee must be a violation of a statute or regulation of the type that an employer is charged to enforce for the good of the public or one dealing with internal administration of the employer).
discussed Cited "see, e.g." KS Development Company, L.P. and KS Development Company 2, L.P. v. Lower Nazareth Twp. (2×)
Pa. Commw. Ct. · 2016 · signal: see also · confidence low
See, e.g., Board of Supervisors of Northampton Township v. Gentsch, 51 Pa.Cmwlth. 455 , 414 A.2d 1102, 1105 (1980) (“That a specific type of apartment structure is not permitted in no way allows the inference that the township improperly excludes a lawful use of property.”) (internal citations omitted); see also Upper Salford Township v. Collins, 542 Pa. 608 , 669 A.2d 335, 337 (1995).
discussed Cited "see, e.g." E.T. Franks and T.S. Franks, h/w v. Fayette County ZHB v. S. Gowatski and B. Gowatski, h/w
Pa. Commw. Ct. · 2016 · signal: see also · confidence medium
Zoning Hearing Bd., 648 A.2d 1299, 1304 (Pa. Cmwlth. 1994) (citation omitted; emphasis added); see also Pennsy Supply, Inc. v. Zoning Hearing Bd. of Dorrance Twp., 987 A.2d 1243 (Pa. Cmwlth. 2009).11 10 The Ordinance does not define the word “soundproof.” “Zoning ordinances are to be construed in accordance with the plain and ordinary meaning of their words.” Upper Salford Twp. v. Collins, 669 A.2d 335, 337 (Pa. 1995).
cited Cited "see, e.g." Bennett v. Republic Services, Inc.
E.D. Pa. · 2016 · signal: see also · confidence low
See Golaschevsky, 720 A.2d at 759-60 ; see also Gray v. Hafer, 168 Pa.Cmwlth. 613 , 651 A.2d 221, 225 (1994), aff'd, 542 Pa. 607 , 669 A.2d 335 (1995).
Retrieving the full opinion text from the archive…
UPPER SALFORD TOWNSHIP and Upper Salford Township Citizens for Open Space, Appellants,
v.
Patrick T. COLLINS, Jr., Appellee
Supreme Court of Pennsylvania.
Dec 29, 1995.
669 A.2d 335
Marc B. Davis, Lansdale, Robert G. Bricker, Souderton, for Upper Salford Township., Jacob C. Cohn, Philadelphia, for Upper Salford Township, Citizens for Open Space., J. Edmund Mullin, Lansdale, Tina R. Makoulian, Philadelphia, for Patrick T. Collins, Jr.
Nix, Flaherty, Zappala, Cappy, Castille, Montemuro, Rule, Administration.
Cited by 33 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #31,486 of 633,719
Citer courts: Supreme Court of Pennsylvania (2) · Commonwealth Court of Pennsylv… (2)

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from an order of the Commonwealth Court which reversed an order of the Court of Common Pleas of Montgomery County affirming a decision of the Board of Supervisors (Board) of Upper Salford Township (township). The Board’s decision upheld the township’s zoning ordinance against a constitutional challenge by the appellee, Patrick Collins.

[*610] Collins owns two tracts of undeveloped land, totaling approximately 190 acres, in an area of the township zoned for residential-agricultural use. The zoning permits single-family detached dwellings on lots with a minimum size of 2 acres. However, Collins wishes to develop his property into two mobile home parks containing a total of 1,108 units, with portions of the land being used for convenience stores and a mobile home sales facility.

In 1988, Collins filed an action challenging the validity of the zoning ordinance, alleging that it unconstitutionally excludes all mobile home park development. The Board upheld the ordinance, finding that mobile home parks are permitted in the LI-limited industrial and LLI-light limited industrial districts of the township. The court of common pleas affirmed.

Commonwealth Court reversed on the basis that, because the ordinance does not expressly designate mobile home parks as a permitted use, such use is effectively prohibited. Inasmuch as the township provided no justification for a complete exclusion of mobile home parks, the court held the ordinance unconstitutional. See generally Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970) (unconstitutionality of unwarranted complete exclusion of a land use).

The controlling principles of law are well settled. Zoning ordinances are presumed constitutional. Fernley v. Board of Supervisors of Schuylkill Township, 509 Pa. 413, 418, 502 A.2d 585, 587 (1985). Anyone challenging the constitutionality of such an ordinance bears a heavy burden of proof. Id. Uncertainties in the interpretation of an ordinance are to be resolved in favor of a construction which renders the ordinance constitutional. Archbishop O’Hara’s Appeal, 389 Pa. 35, 50 n. 5, 131 A.2d 587, 594 n. 5 (1957); Schmalz v. Buckingham Township Zoning Board, 389 Pa. 295, 298, 132 A.2d 233, 234 (1957). In addition, zoning ordinances are to be liberally construed to allow the broadest possible use of land. Bakerstown Container Corp. v. Richland Township, 508 Pa. 628, 631, 500 A.2d 420, 421 (1985); Fidler v. Zoning Board of [*611] Adjustment, 408 Pa. 260, 265, 182 A.2d 692, 695 (1962); 53 P.S. § 10603.1.

In cases such as the present one, where no additional evidence was taken subsequent to the Board’s adjudication, appellate review is limited to determining whether the Board abused its discretion, committed an error of law, or made findings of fact not supported by substantial evidence. Bakerstown Container Corp., 508 Pa. at 630, 500 A.2d at 421; Fidler, 408 Pa. at 262, 182 A.2d at 693. Here, we believe the Board properly determined that mobile home parks are permitted by the township’s zoning ordinance. [1]

Ordinance section 801(A), which governs LI-limited industrial districts, permits a broad range of land uses. Uses are not limited to ones of an industrial character. Various agricultural, commercial, and residential applications are expressly allowed. In addition, section 801(A) permits “[a]ny individual use not specifically excluded, which meets the provisions of Section[s] 801 to 813....” (Emphasis added). Nowhere in the ordinance are mobile home parks “specifically excluded” from the township as a whole or from LI-limited industrial districts. [2] Sections 801 to 813 limit smoke emissions, odors, noise, bright lights, water pollution, etc. An examination of these sections reveals nothing that would expressly, or by effect, bar mobile home park development. In the hearings before the Board, the township presented expert testimony that mobile home parks would be able to comply with the requirements of sections 801 to 813, and, further, that they would have no difficulty meeting lot size and setback require[*612] ments in LI-limited industrial districts. In short, in view of section 801(A)’s authorization of “any” use that complies with sections 801 to 813, the Board had ample basis for concluding that mobile home parks are permitted.

The Board also cited section 2305, which governs LLI-light limited industrial districts. That section permits as conditional uses requiring Board approval u[a]ny uses not specifically permitted by Section 2302 or specifically prohibited by Sections 2304 and 2307(A)____” (Emphasis added). Sections 2302, 2304, and 2307(A) enumerate a variety of permitted and prohibited uses. Permitted uses are not limited to ones of a light industrial character. A number of residential and commercial applications are expressly allowed. However, no reference is made to mobile home parks. Because mobile home parks are neither specifically permitted nor specifically prohibited by the relevant sections, they qualify as conditional uses under section 2305.

Zoning ordinances are to be construed in accordance with the plain and ordinary meaning of their words. Bakerstown Container Corp., 508 Pa. at 631, 500 A.2d at 421-22. The plain meaning of sections 801(A) and 2305 is that mobile home parks are permitted in both LI-limited industrial and LLI-light limited industrial districts. This alone is sufficient to support the Board’s conclusion that the parks are not excluded from the township. Given the additional principles of construction favoring a constitutional, i.e., non-exclusionary, interpretation, and favoring the broadest possible use of land, it is clear that the Board committed no abuse of discretion or error of law in interpreting the ordinance to allow mobile home park development. The Commonwealth Court’s decision must, therefore, be reversed.

Order reversed.

MONTEMURO, J., participates by designation as a senior judge as provided by Rule of Judicial Administration 701(f).
1

. We granted allocatur to review the Commonwealth Court's determination that the ordinance completely excludes mobile home park development. Commonwealth Court did not address the question of whether, absent a de jure exclusion of such development, there is a de facto exclusion. It is argued that Collins waived this issue by failing to present it during oral argument before the Commonwealth Court. Any possibility of waiver notwithstanding, we note that the claim of de facto exclusion was fully considered, and rejected, by both the Board and the court of common pleas. That no such exclusion occurred is a finding amply supported by the record.

2

. Nearly all structures (including mobile homes) are excluded from the township’s flood plain by section 1106 of the ordinance.