conditional use hearing (Pennsylvania) · Go Syfert
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conditional use hearing in Pennsylvania

9 Pennsylvania opinions name it 2 courts 2010–2026 4 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.

Followed or applied (5)

CaseFollowedCited
Huntley & Huntley, Inc. v. Council of Oakmontgreen
pa · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018Marshall, 97 A.3d at 332-33 ; Huntley , 964 A.2d at 866 . 5 Indeed, Erwin's expert testimony can be viewed as inartfully making this exact point: the proposed well is not expressly "classified" as a permitted use in the R-A district, but it "fits the definition" in the sense it is similar to one of those uses.

2018I note Section 554 of the Local Agency Law, 2 Pa.C.S. §554, specifically provides “[l]ocal agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received….” As a practical matter, local agency hearings such as a conditional use hearing are more informal in nature than the typical adversarial proceeding. [J-13-2017] [MO: Donohue, J.] - 5 its expertise in and knowledge of local conditions, the ZBA was certainly entitled to infer that the building could not be used for any permitted purpose without major, proh

12
P. Marshall and J. Marshall v. Charlestown Twp. Board of Supervisors and C.J. Cloeter and N.H. Cloetergreen
pacommwct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Bd. of Supervisors, 169 A.3d 162, 166 (Pa. Cmwlth. 2017).

11
Joseph v. NORTH WHITEHALL TP. BD. OF SUP'RSgreen
pacommwct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Bd. of Supervisors, 16 A.3d 1209, 1215 (Pa. Cmwlth. 2011).

11
Southco, Inc. v. Concord Townshipgreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018I note Section 554 of the Local Agency Law, 2 Pa.C.S. §554, specifically provides “[l]ocal agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received….” As a practical matter, local agency hearings such as a conditional use hearing are more informal in nature than the typical adversarial proceeding. [J-13-2017] [MO: Donohue, J.] - 5 its expertise in and knowledge of local conditions, the ZBA was certainly entitled to infer that the building could not be used for any permitted purpose without major, proh

11
Luke v. Cataldigreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018I note Section 554 of the Local Agency Law, 2 Pa.C.S. §554, specifically provides “[l]ocal agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received….” As a practical matter, local agency hearings such as a conditional use hearing are more informal in nature than the typical adversarial proceeding. [J-13-2017] [MO: Donohue, J.] - 5 its expertise in and knowledge of local conditions, the ZBA was certainly entitled to infer that the building could not be used for any permitted purpose without major, proh

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Brookview Solar I, LLC v. Mount Joy Twp. Bd. of Supers. green
pacommwct · 2023
1 sentence

2026Id.

12026–2026
Commonwealth v. Abu-Jamal green
pa · 1990
1 sentence

2023Visionquest, 569 A.2d at 917 .

12023–2023
Derr Flooring Co. v. Whitemarsh Township Zoning Board of Adjustment green
pacommwct · 1971
1 sentence

2019Butler , 285 A.2d at 542 ; Bray , 410 A.2d at 912 .

12019–2019
Bray v. Zoning Board of Adjustment green
pacommwct · 1980
1 sentence

2019Butler , 285 A.2d at 542 ; Bray , 410 A.2d at 912 .

12019–2019
Grant v. ZONING HEARING BD. OF PENN TP. green
pacommwct · 2001
1 sentence

2019In her brief to this Court, Worthington cited to Grant v. Zoning Hearing Board of the Township of Penn , 776 A.2d 356 (Pa. Cmwlth. 2001) and to then-President Judge Pellegrini's concurring opinion in Armstead v. Zoning Board of Adjustment of the City of Philadelphia , 115 A.3d 390 (Pa. Cmwlth. 2015), to support her claim that the School's proximity within one mile of the Well Site gives her standing.

12019–2019
Armstead v. Zoning Board of Adjustment green
pacommwct · 2015
1 sentence

2019In her brief to this Court, Worthington cited to Grant v. Zoning Hearing Board of the Township of Penn , 776 A.2d 356 (Pa. Cmwlth. 2001) and to then-President Judge Pellegrini's concurring opinion in Armstead v. Zoning Board of Adjustment of the City of Philadelphia , 115 A.3d 390 (Pa. Cmwlth. 2015), to support her claim that the School's proximity within one mile of the Well Site gives her standing.

12019–2019
Crown Communications v. Zoning Hearing Board green
pa · 1997
1 sentence

2018I note Section 554 of the Local Agency Law, 2 Pa.C.S. §554, specifically provides “[l]ocal agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received….” As a practical matter, local agency hearings such as a conditional use hearing are more informal in nature than the typical adversarial proceeding. [J-13-2017] [MO: Donohue, J.] - 5 its expertise in and knowledge of local conditions, the ZBA was certainly entitled to infer that the building could not be used for any permitted purpose without major, proh

12018–2018
Marshall v. City of Philadelphia green
pa · 2014
1 sentence

2018Marshall, 97 A.3d at 332-33 ; Huntley , 964 A.2d at 866 . 5 Indeed, Erwin's expert testimony can be viewed as inartfully making this exact point: the proposed well is not expressly "classified" as a permitted use in the R-A district, but it "fits the definition" in the sense it is similar to one of those uses.

12018–2018
Crandell v. Pennsbury Township Board of Supervisors green
pacommwct · 2009
1 sentence

2010HYK further contends that Appellants’ appeal from the trial court’s refusal to join the neighbors has been rendered moot by Crandell v. Pennsbury Township Board of Supervisors, 985 A.2d 288 (Pa.Cmwlth.2009).

12010–2010

Where else courts name it

PA 9 (2010–2026) MD 5 (2002–2023) NJ 2 (1998–2026) AR 2 (2001–2008)

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.

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