Rudd v. Lower Gwynedd Township Zoning Hearing Board

OPINION

BARRY, Senior Judge.

Lower Gwynedd Township (the Township) appeals an order of the Court of Common Pleas of Montgomery County which reversed a decision of the Lower Gwynedd Township Zoning Hearing Board (the Board) and granted a variance to Floyd Rudd (Rudd).

Rudd is the equitable owner of a parcel of property located in the Township. He has entered into a sales agreement to purchase the parcel from David and Valerie O’Donnell; the sale is contingent upon Rudd obtaining the necessary variances.

The parcel was subdivided in 1929. The Township’s first zoning ordinance, enacted in 1947, made…