Legal Opinion
In re Appeal of Maibach, LLC
Commonwealth Court of Pennsylvania
Decided July 26, 2011PublishedCited by 6 opinions
1Opinion of the Court
OPINION BY
Senior Judge FEUDALE.
Rapho Township (Township) appeals the October 5, 2010 order of the Court of Common Pleas of Lancaster County (trial court) sustaining Maibach, LLC’s (Applicant) appeal of a decision of the Rapho Township Board of Commissioners (Board). The Board granted Applicant’s conditional use application, subject to 98 conditions, to operate an ethanol production facility in the Township. The trial court determined that Condition 66, below, constituted an impermissible impact fee under the Pennsylvania Municipalities Planning Code (MPC).1 On appeal, the Township alleges…
2Cases cited7 opinions
- In Re Appeal of ThompsonCommonwealth Court of Pennsylvania · 2006
- Hydropress Environmental Services, Inc. v. Township of Upper Mount BethelSupreme Court of Pennsylvania · 2003
- Edgmont Township v. Springton Lake Montessori School, Inc.Commonwealth Court of Pennsylvania · 1993
- Trojnacki v. Board of Supervisors Solebury TownshipCommonwealth Court of Pennsylvania · 2004
- Levin v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- K.M. Waggle and L.A. Waggle and S. Russo as trustee v. Woodland Hills Assoc., Inc. ~ Appeal of: K.M. Waggle and L.A. WaggleCommonwealth Court of Pennsylvania · 2019
- Feldman v. Board of Supervisors of East Caln TownshipCommonwealth Court of Pennsylvania · 2012
- Markwest Liberty Midstream & Res., LLC v. Cecil Twp. Zoning Hearing Bd.Commonwealth Court of Pennsylvania · 2018
- Promises for Pets, Inc. v. Council of the City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County2012
- Abington Little League, Inc. v. Glenburn Twp. ZHB ~ Appeal of: D. DruckCommonwealth Court of Pennsylvania · 2023
1 more not listed; retrieve them via the Exa API.