requested special exception (Pennsylvania) · Go Syfert
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requested special exception in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1964–2024 2 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
William Chersky Joint Enterprises v. Board of Adjustmentgreen
pa · 1967 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See 231 A.2d at 759-60 .

11
Appeal of Philadelphia Center for Developmental Services, Inc.green
pacommwct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022Servs., Inc., 462 A.2d 962, 965 (Pa. Cmwlth. 1983).18 Thus, here, Laurel bore the burden of demonstrating entitlement to the requested special exception by establishing that its development proposal comported with the objective requirements of the Code.

2022See id.

11
Hertzberg v. Zoning Board of Adjustmentgreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
1 sentence

2012Id. at 82.

11
Krinks' Case (Mckeesport's Appeal)green
pasuperct · 1937 · cited in 1 Pennsylvania opinions naming this issue, 1964–1964
1 sentence

1964As stated in Krinks’ Case, 128 Pa. Superior Ct. 405, 408 (1937): “Factual questions which relate to the nature and use of premises are primarily within the province of the administrative officials and boards appointed to enforce the provisions of zoning laws. . . .” Appellant has also failed to prove to the satisfaction of this court that the board’s evaluation of the demeanor, testimony and lack of forthrightness on the part of appellant’s principal witness, Manuel M.

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 (7)

CaseCitedYears
Valley View Civic Ass'n v. Zoning Board of Adjustment green
pa · 1983
2 sentences

2005By ‘substantial evidence’ we mean such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 555 , 462 A.2d at 640 . (citations omitted) Therefore, the inquiry of this court is limited to whether the board committed an error of law and whether substantial evidence in the record supports the board’s actions in granting the requested special exception subject to the conditions imposed by the board. 1.

2005By ‘substantial evidence’ we mean such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 555 , 462 A.2d at 640 . (citations omitted) Therefore, the inquiry of this court is limited to whether the board committed an error of law and whether substantial evidence in the record supports the board’s actions in granting the requested special exception subject to the conditions imposed by the board. 1.

12005–2005
Lower Merion Township v. Enokay, Inc. green
pa · 1967
1 sentence

1971Delaware County Community College Appeal, 534 Pa. 264 (1969), Lower Merion Township v. Enokay, Inc., 427 Pa. 128 (1967), Jacobi v. Zoning Board of Adjustment, 413 Pa. 286 (1964), Archbishop O’Hara’s Appeal, 389 Pa. 35 (1957).” Shell Oil Company, throughout the hearing displayed a willingness to accept Board-imposed conditions upon the operation of the proposed service station.

11971–1971
Corrado v. Arena green
pa · 1993
1 sentence

1971Delaware County Community College Appeal, 534 Pa. 264 (1969), Lower Merion Township v. Enokay, Inc., 427 Pa. 128 (1967), Jacobi v. Zoning Board of Adjustment, 413 Pa. 286 (1964), Archbishop O’Hara’s Appeal, 389 Pa. 35 (1957).” Shell Oil Company, throughout the hearing displayed a willingness to accept Board-imposed conditions upon the operation of the proposed service station.

11971–1971
Caldwell v. Board of Adjustment of Northampton Township neutral
pacommwct · 1971
1 sentence

1971Rep. 573 (1968), 1 Pa. Commonwealth Ct. 222 , 273 A. 2d 557 (1971), where this court determined that sufficient evidence was presented to the Board to justify its refusal to grant the requested special exception.

11971–1971
Commonwealth v. Mann neutral
pasuperct · 1971
1 sentence

1971Rep. 573 (1968), 1 Pa. Commonwealth Ct. 222 , 273 A. 2d 557 (1971), where this court determined that sufficient evidence was presented to the Board to justify its refusal to grant the requested special exception.

11971–1971
Jacobi v. Zoning Board of Adjustment green
pa · 1964
1 sentence

1971Delaware County Community College Appeal, 534 Pa. 264 (1969), Lower Merion Township v. Enokay, Inc., 427 Pa. 128 (1967), Jacobi v. Zoning Board of Adjustment, 413 Pa. 286 (1964), Archbishop O’Hara’s Appeal, 389 Pa. 35 (1957).” Shell Oil Company, throughout the hearing displayed a willingness to accept Board-imposed conditions upon the operation of the proposed service station.

11971–1971
Archbishop O'Hara's Appeal green
pa · 1957
1 sentence

1971Delaware County Community College Appeal, 534 Pa. 264 (1969), Lower Merion Township v. Enokay, Inc., 427 Pa. 128 (1967), Jacobi v. Zoning Board of Adjustment, 413 Pa. 286 (1964), Archbishop O’Hara’s Appeal, 389 Pa. 35 (1957).” Shell Oil Company, throughout the hearing displayed a willingness to accept Board-imposed conditions upon the operation of the proposed service station.

11971–1971

Where else courts name it

MD 34 (1981–2018) TX 22 (1952–2012) OH 14 (1967–2001) FL 13 (1986–2019) TN 7 (1994–2016) PA 7 (1964–2024) CA 6 (2000–2025) ME 5 (1981–1989) IL 4 (2001–2017) LA 4 (1962–2007) OR 3 (2014–2023) NY 2 (1986–2021) OK 2 (1935–1986)

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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