Legal Opinion

Marinari v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided August 2, 1985No. Appeal, No. 3055 C.D. 1984PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge Doyle,

New Hanover Township (Township) appeals from the order of the Montgomery County Court of Common Pleas, which reversed the decision of the New Hanover Township Zoning Hearing Board (Board), and directed that the Board approve Landowners’1 proposed development of a sanitary landfill.

Landowners are the owners of a 107 acre tract of land in New Hanover Township. On February 17, 1983, Landowners filed an application with the Board challenging the constitutionality of the Township’s Zoning Ordinance on the basis of its exclusion of sanitary landfills as a permitted use. After…

2Cases cited4 opinions

  1. Casey v. ZONING HEAR. BD. OF WARWICK TP.Supreme Court of Pennsylvania · 1974
  2. Boron Oil Co. v. KimpleSupreme Court of Pennsylvania · 1971
  3. In re Appeal of M.G.H. EnterprisesCommonwealth Court of Pennsylvania · 1984
  4. Borough of Brookhaven v. ParkCommonwealth Court of Pennsylvania · 1979

3Cited by7 opinions

  1. West Goshen Township v. CraterCommonwealth Court of Pennsylvania · 1988
  2. Tu-Way Tower Co. v. Zoning Hearing Board of the Township of SalisburyCommonwealth Court of Pennsylvania · 1997
  3. BD. OF SUPV., GREENE T. v. KuhlCommonwealth Court of Pennsylvania · 1988
  4. Borough of Edgewood v. Lamanti's PizzeriaCommonwealth Court of Pennsylvania · 1989
  5. Cambridge Land Co. v. Township of MarshallCommonwealth Court of Pennsylvania · 1989

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