Legal Opinion

Wistuk v. Lower Mt. Bethel Township Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided November 23, 2005PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY

Judge PELLEGRINI.

Jessica Wistuk (Wistuk) appeals from an order of the Court of Common Pleas of Northampton County (trial court) affirming the decision of the Zoning Hearing Board of Lower Mt. Bethel Township (Board) denying her request for a deemed approval of a variance and special exception to operate a dog kennel on her property located in Lower Mt. Bethel Township (Township).

Wistuk owns approximately 17 acres of land in an Agricultural Zoning District of the Township where she owns many farm animals, including horses, donkeys, hens, goats and chickens. She also owns pigs and…

2Cases cited2 opinions

  1. Hogan, Lepore & Hogan v. Pequea Township Zoning BoardCommonwealth Court of Pennsylvania · 1994
  2. Malone v. West Marlborough Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1990

3Cited by6 opinions

  1. Wistuk v. Lower Mt. Bethel Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2007
  2. WeCare Organics, LLC v. Zoning Hearing Bd. of Schuylkill CountyCommonwealth Court of Pennsylvania · 2008
  3. Southeastern Chester County Refuse Authority v. Board of Supervisors of London Grove TownshipCommonwealth Court of Pennsylvania · 2007
  4. Heisler's Egg Farm, Inc. v. Walker Twp. ZHBCommonwealth Court of Pennsylvania · 2020
  5. Wistuk v. Lower Mt. Bethel Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2007

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