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22 Pennsylvania opinions name it 4 courts 1980–2021 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fernley v. Bd. of Sup'rs of Schuylkill Tp.green2 sentences1989We hold that the fair share analysis is inapplicable to this Schuylkill Township zoning ordinance which absolutely prohibits apartment buildings. 509 Pa. at 417-18 , 502 A.2d at 587 . 1989We hold that the fair share analysis is inapplicable to this Schuylkill Township zoning ordinance which absolutely prohibits apartment buildings. 509 Pa. at 417-18 , 502 A.2d at 587 . | 3 | 6 |
Surrick v. ZHB OF U. PROVIDENCE TP.green2 sentences2021It asserts the Board ignored the difference between a non-transient mobile home park and a transient mobile home when it determined that the Township met the fair share test under Surrick v. Zoning Hearing Board of Upper Providence Township, 382 A.2d 105 (Pa. 1977), for that class of housing. 2020The fair share analysis in Surrick involves application of a three-part test for which a court must first look to whether the municipality whose ordinance is subject to challenge is located in an area ripe for development and population growth, or within the “path of urban-suburban growth.” Surrick, 382 A.2d at 108, 110 . | 2 | 12 |
Smith v. Hanover Zoning Hearing Boardgreen2 sentences2020Smith v. Hanover Zoning Hearing Bd., 78 A.3d 1212, 1221 (Pa. Cmwlth. 2013). 2016In cases where the fair share principle has been applied to commercial uses, this Court has also observed that “it is not sufficient, absent a showing of total prohibition, for a developer to merely point out that a relatively small area of the municipality is zoned for commercial use without any proof that the needs of the community’s residents are not being adequately served.” Smith, 78 A.3d at 1221 (quoting Sullivan v. Board of Supervisors of Lower Makefield Township, 348 A.2d 464, 467 (Pa. Cmwlth. 1975) (en banc)); see also Macioce v. Zoning Hearing Board of the Borough of Baldwin, 850 A.2 | 1 | 2 |
MacIoce v. Zoning Hearing Boardgreen1 sentence2016In cases where the fair share principle has been applied to commercial uses, this Court has also observed that “it is not sufficient, absent a showing of total prohibition, for a developer to merely point out that a relatively small area of the municipality is zoned for commercial use without any proof that the needs of the community’s residents are not being adequately served.” Smith, 78 A.3d at 1221 (quoting Sullivan v. Board of Supervisors of Lower Makefield Township, 348 A.2d 464, 467 (Pa. Cmwlth. 1975) (en banc)); see also Macioce v. Zoning Hearing Board of the Borough of Baldwin, 850 A.2 | 1 | 1 |
Sullivan v. Board of Supervisorsgreen1 sentence2016In cases where the fair share principle has been applied to commercial uses, this Court has also observed that “it is not sufficient, absent a showing of total prohibition, for a developer to merely point out that a relatively small area of the municipality is zoned for commercial use without any proof that the needs of the community’s residents are not being adequately served.” Smith, 78 A.3d at 1221 (quoting Sullivan v. Board of Supervisors of Lower Makefield Township, 348 A.2d 464, 467 (Pa. Cmwlth. 1975) (en banc)); see also Macioce v. Zoning Hearing Board of the Borough of Baldwin, 850 A.2 | 1 | 1 |
Hanson Aggregates Pennsylvania, Inc. v. College Township Councilgreen1 sentence2008As this Court has previously stated, this case does not center on a fair share analysis but, rather, on whether the Ordinance provides for "reasonable development of minerals” per Section 603 of the MPC. 53 P.S. § 10603(f); LaRock I, 866 A.2d at 1212 ; see also Hanson, 911 A.2d at 599 (stating that "[a] ‘fair share’ criterion ... is not the primary focus in a 'reasonableness' analysis under Section 603 of the MPC”). 8 . | 1 | 1 |
BP Oil, Inc. v. Zoning Hearing Boardgreen2 sentences2004As correctly noted by the trial court, the fair share test is 'intended to foster regional growth by requiring communities located on the fringes of the metropolitan areas to absorb the increased responsibility and economic burdens which time and natural growth invariably bring.’ Appellant has not established that the 1.2% of Township acreage that is zoned commercial cannot accommodate the Township’s 'economic burden’, despite his claim that the Township has a projected 90-acre deficit in commercial property.") (citations omitted); BP Oil, Inc. v. Zoning Hearing Board of the Borough of Brookha 2004As correctly noted by the trial court, the fair share test is 'intended to foster regional growth by requiring communities located on the fringes of the metropolitan areas to absorb the increased responsibility and economic burdens which time and natural growth invariably bring.’ Appellant has not established that the 1.2% of Township acreage that is zoned commercial cannot accommodate the Township’s 'economic burden’, despite his claim that the Township has a projected 90-acre deficit in commercial property.") (citations omitted); BP Oil, Inc. v. Zoning Hearing Board of the Borough of Brookha | 1 | 1 |
Weiner v. BD. OF SUPV., L. MACUNGIE T.green2 sentences2004See, e.g., Weiner v. Board of Supervisors of Lower Macungie Township, 119 Pa.Cmwlth. 485 , 547 A.2d 833, 836 (1988) ("[W]e reject Appellant’s argument that the trial court *890 erred in finding that the evidence presented did not satisfy the fair share analysis. 2004See, e.g., Weiner v. Board of Supervisors of Lower Macungie Township, 119 Pa.Cmwlth. 485 , 547 A.2d 833, 836 (1988) ("[W]e reject Appellant’s argument that the trial court *890 erred in finding that the evidence presented did not satisfy the fair share analysis. | 1 | 1 |
Hammermill Paper Co. v. Greene Townshipgreen2 sentences1988As correctly noted by the trial court, the fair share test is “intended to foster regional growth by requiring communities located on the fringes of the metropolitan areas to absorb the ‘increased responsibility’ and ‘economic burdens’ which time and natural growth invariably bring.” Fernley v. Board of Supervisors of Schuylkill Township, 509 Pa. 413, 418-419 , 502 A.2d 585, 588 (1985) (citing Hammermill Taper Co. v. Greene Township, 39 Pa. Commonwealth Ct. 212, 219 , 395 A.2d 618, 621 (1978)). 1988As correctly noted by the trial court, the fair share test is “intended to foster regional growth by requiring communities located on the fringes of the metropolitan areas to absorb the ‘increased responsibility’ and ‘economic burdens’ which time and natural growth invariably bring.” Fernley v. Board of Supervisors of Schuylkill Township, 509 Pa. 413, 418-419 , 502 A.2d 585, 588 (1985) (citing Hammermill Taper Co. v. Greene Township, 39 Pa. Commonwealth Ct. 212, 219 , 395 A.2d 618, 621 (1978)). | 1 | 1 |
Cutler v. Newtown Township Zoning Hearing Boardgreen2 sentences1983Surrick; Cutler v. Newtown Township Zoning Hearing Board, 27 Pa. Commonwealth Ct. 430, 436 , 367 A.2d 772, 777 (1976). 1983Surrick; Cutler v. Newtown Township Zoning Hearing Board, 27 Pa. Commonwealth Ct. 430, 436 , 367 A.2d 772, 777 (1976). | 1 | 1 |
Girsh Appealgreen2 sentences1980Among the concepts embraced by that principle are that a local political unit, which is a logical place for population growth, cannot refuse to bear its rightful part of the burden of growth, and that a municipality must take regional housing needs into account in land use planning: 476 Pa. 189 , 382 A. 2d 108 (citing Appeal of Girsch, 437 Pa. 237, 245 , 263 A. 2d 395, 399 (1970).) The court did not view the fair share test as a new constitutional principle, but as another method of viewing an ordinance to ascertain whether its provisions bear a substantial relationship to the public health, s 1980Among the concepts embraced by that principle are that a local political unit, which is a logical place for population growth, cannot refuse to bear its rightful part of the burden of growth, and that a municipality must take regional housing needs into account in land use planning: 476 Pa. 189 , 382 A. 2d 108 (citing Appeal of Girsch, 437 Pa. 237, 245 , 263 A. 2d 395, 399 (1970).) The court did not view the fair share test as a new constitutional principle, but as another method of viewing an ordinance to ascertain whether its provisions bear a substantial relationship to the public health, s | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fernley v. Board of Supervisors of Schuylkill Township
green
2 sentences1983While the particular point presented for decision in the case of Fernley v. The Board of Supervisors of Schuylkill Township, Pa. Commonwealth Ct. , 464 A.2d 587 (1983) was that of whether the fair share analysis for deciding exclusionary zoning case is applicable where the exclusion of a particular use is total, as distinguished from partial, Judge Craig’s collection, description and analysis of the authorities in the area are pertinent to this partial exclusion case; but are not required to be repeated here. 1983After pointing out that the Exton Quarries line of cases “have not followed the fair share analysis dependent upon the population growth prerequisite” the court went on to distinguish that line on the grounds that they antedated Surrick and more importantly on the grounds that “a population growth prerequisite, clearly relevant to the exclusion of residential population, is not similarly germáne to the exclusion of nonresidential uses not. directly affecting population.” 76 Pa. Commw. 409 , 464 A.2d at 589 . | 3 | 1983–1989 |
Township of Willistown v. Chesterdale Farms, Inc.
green
2 sentences1980The fair share principle was first adopted by a plurality of the Pennsylvania Supreme Court in Township of Willistown v. Chesterdale Farms, Inc., 462 Pa. 445 , 341 A. 2d 466 (1975). 1980The fair share principle was first adopted by a plurality of the Pennsylvania Supreme Court in Township of Willistown v. Chesterdale Farms, Inc., 462 Pa. 445 , 341 A. 2d 466 (1975). | 2 | 1980–1983 |
Ethan-Michael, Inc. v. Board of Supervisors of Union Township
green
1 sentence2021Applicant also assigns error to the Board in that it did not make a 4 In a land use appeal where the trial court takes no additional evidence, our “review is limited to determining whether the municipal body abused its discretion or committed an error of law.” Ethan-Michael, Inc. v. Bd. of Supervisors of Union Twp., 918 A.2d 203 , 208 n.4 (Pa. Cmwlth. 2007). | 1 | 2021–2021 |
Montgomery Crossing Associates v. Township of Lower Gwynedd
green
1 sentence2016In cases where the fair share principle has been applied to commercial uses, this Court has also observed that “it is not sufficient, absent a showing of total prohibition, for a developer to merely point out that a relatively small area of the municipality is zoned for commercial use without any proof that the needs of the community’s residents are not being adequately served.” Smith, 78 A.3d at 1221 (quoting Sullivan v. Board of Supervisors of Lower Makefield Township, 348 A.2d 464, 467 (Pa. Cmwlth. 1975) (en banc)); see also Macioce v. Zoning Hearing Board of the Borough of Baldwin, 850 A.2 | 1 | 2016–2016 |
Larock v. Board of Supervisors
green
1 sentence2008As this Court has previously stated, this case does not center on a fair share analysis but, rather, on whether the Ordinance provides for "reasonable development of minerals” per Section 603 of the MPC. 53 P.S. § 10603(f); LaRock I, 866 A.2d at 1212 ; see also Hanson, 911 A.2d at 599 (stating that "[a] ‘fair share’ criterion ... is not the primary focus in a 'reasonableness' analysis under Section 603 of the MPC”). 8 . | 1 | 2008–2008 |
McKown v. Board of Supervisors
neutral
1 sentence1996The “fair share” test has been well-established by our courts, and is succinctly set forth by the Commonwealth Court in McKown v. Board of Supervisors of East Fallowfield Township, 104 Pa. Commw. 428 , 522 A.2d 159 (1987), which stated that: “[o]ur courts have developed a fair share analysis to assess the exclusionary impact of zoning regulations which are alleged to be exclusionary with respect to a particular type of housing. | 1 | 1996–1996 |
Ellick v. Bd. of Spvrs., Worcester Twp.
green
1 sentence1986The statutory provision states that a court may order described development approved in whole or in part “[i]f the court . . . finds that an ordinance . . . unlawfully prevents or restricts a development. . . .” Accordingly, the Supreme Court discussion, as quoted above, regards the section as pertinent to “determining the relief to be awarded to those who . . . successfully challenge a zoning ordinance on constitutional grounds.” With respect to relief, the trial judges order of August 27, 1982 and, pursuant to reconsideration, his order of April 7, 1983 were in accordance with Whitemarsh Tow | 1 | 1986–1986 |
In Re Appeal of M.A. Kravitz Co.
green
1 sentence1983A. Kravitz Co., Inc., Pa. , 460 A.2d 1075 (1983), and in Appeal of Elocin, Pa. , 461 A.2d 771 (1983). | 1 | 1983–1983 |
Township of Paradise v. Mt. Airy Lodge, Inc.
green
2 sentences1983Airy Lodge, Inc., 68 Pa. Commonwealth Ct. 548 , 449 A.2d 849 (1982) (extraction), and our recent Churchill Borough v. Pagal, Inc., 74 Pa. Commonwealth Ct. 601 , 460 A.2d 1214 (1983) (restaurant), have not followed the fair share analysis dependent upon the .population-growth prerequisite. 1983Airy Lodge, Inc., 68 Pa. Commonwealth Ct. 548 , 449 A.2d 849 (1982) (extraction), and our recent Churchill Borough v. Pagal, Inc., 74 Pa. Commonwealth Ct. 601 , 460 A.2d 1214 (1983) (restaurant), have not followed the fair share analysis dependent upon the .population-growth prerequisite. | 1 | 1983–1983 |
Borough Council v. Pagal, Inc.
green
1 sentence1983Airy Lodge, Inc., 68 Pa. Commonwealth Ct. 548 , 449 A.2d 849 (1982) (extraction), and our recent Churchill Borough v. Pagal, Inc., 74 Pa. Commonwealth Ct. 601 , 460 A.2d 1214 (1983) (restaurant), have not followed the fair share analysis dependent upon the .population-growth prerequisite. | 1 | 1983–1983 |
In Re Appeal of Elocin, Inc.
green
1 sentence1983A. Kravitz Co., Inc., Pa. , 460 A.2d 1075 (1983), and in Appeal of Elocin, Pa. , 461 A.2d 771 (1983). | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.