Legal Opinion

Lower Southampton Township Board of Supervisors v. Schurr

Commonwealth Court of Pennsylvania

Decided February 23, 1988No. Appeal, No. 3356 C.D. 1986PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Judge Craig,

The Lower Southampton Township Board of Supervisors appeals an order issued by Judge George T. Kelton for a panel of the Court of Common Pleas of Bucks County, reversing a decision of the townships zoning hearing board and granting Herbert Schurrs application to operate an auto salvage yard.

This appeal presents an issue of first impression: What is a trial courts scope of review of a zoning hearing board when, after the courts have concluded that a zoning ordinance is exclusionary, the trial court, upon remand to it under section 1011(2) of the Pennsylvania…

2Cases cited5 opinions

  1. Ellick v. Bd. of Spvrs., Worcester Twp.Commonwealth Court of Pennsylvania · 1975
  2. Sultanik v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1985
  3. Tohickon Valley Transfer, Inc. v. Tinicum Township ZonIng Hearing BoardCommonwealth Court of Pennsylvania · 1986
  4. Lower Southampton Township Board of Supervisors v. SchurrCommonwealth Court of Pennsylvania · 1983
  5. Gorski v. Township of SkippackCommonwealth Court of Pennsylvania · 1975

3Cited by2 opinions

  1. Coolbaugh Township Board of Supervisors v. TIAB Communications Corp.Commonwealth Court of Pennsylvania · 1992
  2. Coolbaugh Tp. Sup'rs v. Tiab Com.Commonwealth Court of Pennsylvania · 1992

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