Miller & Son Paving, Inc. v. Plumstead Township

OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the Commonwealth Court erred in holding that a township zoning ordinance, which was found unconstitutional due to its exclusion of quarrying as a permitted use, automatically effected a compensable temporary de facto taking of the landowner’s property. For the reasons that follow, we reverse the order of the Commonwealth Court and hold that a per se compensable taking does not result from a zoning ordinance which is ultimately declared invalid.

On June 17, 1988, Miller and Son Paving, Inc., (Miller/Appellee), purchased…