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Glen-Gery Corp. v. Zoning Hearing Board
(4×)
See Glen-Gery Corp. v. ZHB of Dover Twp., 584 Pa. 132 , 882 A.2d 461 (2005) ( per curiam ). [5] The substantive due process standards applicable to land use validity changes, see generally In re Realen Valley Forge Greenes, 576 Pa. 115, 146-50 , 838 A.2d 718, 737-739 (2003) (Saylor, J., dissenting) (discussing same), do not appear to be directly applicable in this case, as Appellant's challenges to the ordinance are centered on the asserted procedural irregularities in its enactment. [6] I have some difficulty, however, with the majority's suggestion that the approach of courts in deeming unco…
Retrieving the full opinion text from the archive…
GLEN-GERY CORPORATION, Petitioner
v.
ZONING HEARING BOARD OF DOVER TOWNSHIP, York County, Pennsylvania and Dover Township, Respondents
v.
ZONING HEARING BOARD OF DOVER TOWNSHIP, York County, Pennsylvania and Dover Township, Respondents
Petition 936 MAL 2004.
Supreme Court of Pennsylvania.
Aug 10, 2005.
Per Curiam.
Cited by 3 opinions | Published
ORDER
PER CURIAM.AND NOW, this 10th day of August, 2005, the Petition for Allowance of Appeal is GRANTED, limited to the following issue:
Whether 42 Pa.C.S. § 5571(c)(5), which requires challenges to the validity of an ordinance alleging a defect in its enactment or adoption be brought within 30 days after the intended effective date of the ordinance, violates due process.