developer immunity (Pennsylvania) · Go Syfert
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developer immunity in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1993–2025 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.

Followed or applied (4)

CaseFollowedCited
Meadows of Hanover Development, Inc. v. Board of Supervisorsgreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019Developer's Brief at 16 (relying upon Meadows of Hanover Dev., Inc. v. Bd. of Supervisors of South Hanover Twp. , 557 Pa. 478 , 734 A.2d 854 , 857 (1999) ).

2019Developer's Brief at 16 (relying upon Meadows of Hanover Dev., Inc. v. Bd. of Supervisors of South Hanover Twp. , 557 Pa. 478 , 734 A.2d 854 , 857 (1999) ).

11
Devonshire Realty Corp. v. Township of Maxatawnygreen
pacommwct · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
2 sentences

1999See Traymore Associates, 357 A.2d at 731 (Section 508(4) “protect[s] the developer from changes brought about by the Township during the pendency of applications for approval.... ”); Devonshire Realty Corporation v. Township of Maxatawny, 22 Pa.Cmwlth. 555 , 349 A.2d 802, 804 (1976) (“We believe that Section 508(4) was intended to immunize approved plans from subsequently enacted zoning ordinances____”).

1999See Traymore Associates, 357 A.2d at 731 (Section 508(4) “protect[s] the developer from changes brought about by the Township during the pendency of applications for approval.... ”); Devonshire Realty Corporation v. Township of Maxatawny, 22 Pa.Cmwlth. 555 , 349 A.2d 802, 804 (1976) (“We believe that Section 508(4) was intended to immunize approved plans from subsequently enacted zoning ordinances____”).

11
Traymore Associates v. Board of Supervisorsgreen
pacommwct · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
1 sentence

1999See Traymore Associates, 357 A.2d at 731 (Section 508(4) “protect[s] the developer from changes brought about by the Township during the pendency of applications for approval.... ”); Devonshire Realty Corporation v. Township of Maxatawny, 22 Pa.Cmwlth. 555 , 349 A.2d 802, 804 (1976) (“We believe that Section 508(4) was intended to immunize approved plans from subsequently enacted zoning ordinances____”).

11
Cook Appealgreen
pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
1 sentence

1993It is well settled that a petition for a new trial based on after-discovered evidence will only be granted if “that evidence: (1) is new; (2) could not have been obtained at trial in the exercise of due diligence; (3) is relevant and non-cumulative; (4) is not for the purposes of impeachment; (5) and must be likely to compel a different result.” Cook Appeal, 107 Pa.Commonwealth Ct. 207, 210, 527 A.2d 1115, 1116 (1987) (citations omitted; emphasis added).

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 (4)

CaseCitedYears
Harleysville Homestead, Inc. v. Lower Salford Township Authority green
pacommwct · 2009
2 sentences

2015Consistent with the case of Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa. Cmwlth. 2009), the parties agree that a two-year statute of limitations applies in the instant matter, but disagree on when the statute began to run.

2015Consistent with the’* case of Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa.Cmwlth.2009), the parties agree that a two-year statute of limitations applies in the instant matter, but disagree on when the statute began to run.

22015–2015
Nernberg v. City of Pittsburgh green
pacommwct · 1993
1 sentence

2025The trial court denied Developer’s motion, concluding: The record in this case is distinguishable from the records reviewed in the cases of Bekman v. Zoning Board of Adjustment of the City of Pittsburgh [(Pa. Cmwlth., No. 394 C.D. 2020, filed Nov. 9, 2020),7] and Nernberg v. City of Pittsburgh, 620 A.2d 692 (Pa. [Cmwlth.] 1993)[, where the Commonwealth Court affirmed orders quashing the respective objectors’ appeals for failure to establish aggrievement on the record.] In the instant case[, Rubio] submitted written opposition by email dated November 16, 2022 in advance of the November 17, 2022

12025–2025
In re Wilkinsburg School District green
pacommwct · 2014
1 sentence

2018Indeed, in our 2013 decision affirming the trial court's approval of the sale of the Property to Developer, we described the Property as merely consisting of "low concrete walls, grassy areas, and a deteriorated basketball court," In re Petition of Wilkinsburg School District for Court Approval of The Sale of Vacant Land , 102 A.3d at 575 -76 , which appears to confirm Developer's description and disproves an extended public use.

12018–2018
Warwick Land Development, Inc. v. Board of Supervisors of Warwick Township green
pacommwct · 1997
1 sentence

2000Relying on Warwick Land Development, Inc. v. Board of Supervisors of Warwick Township, Chester County, 695 A.2d 914 (Pa.Cmwlth.), appeal denied, 549 Pa. 709 , 700 A.2d 446 (1997), the trial court held that the Township’s incorporation by reference of its Engineer’s Report did not satisfy the requirements of section 508(2) of the MPC, 53 P.S. § 10508(2), because the Township’s decision did not set “forth within the four corners of the document the reasons for denial with citation to specific ordinances and statutes.” (Trial court op. at 3, R.R. at 92a.) Accordingly, the trial court granted Deve

12000–2000

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 702 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 12 (1985–2020) WA 8 (2002–2014) PA 8 (1993–2025) FL 8 (1981–2025) MD 2 (1992–2011) UT 2 (2018–2021) NJ 2 (2005–2006) MA 2 (1976–1977)

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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