Legal Opinion

Messina v. East Penn Township

Commonwealth Court of Pennsylvania

Decided May 26, 2010No. 1919 C.D. 2009PublishedCited by 18 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this land use appeal, we consider whether a municipality failed to comply with certain procedural requirements for enactment of a zoning ordinance as set forth in the Pennsylvania Municipalities Planning Code (MPC), 1 and whether any failure to do so resulted in a denial of procedural due process so as to render a zoning ordinance enacted 12 years earlier void ab initio, 2 Upon review, we conclude the challengers to the zoning ordinance, who declined the offer of a hearing on their procedural validity challenge, did not prove the existence of a procedural defect…

2Cases cited26 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  3. Louisville & Nashville Railroad v. SchmidtSupreme Court of the United States · 1900
  4. Iowa Central Railway Co. v. IowaSupreme Court of the United States · 1896
  5. State Dental Council & Examining Board v. PollockSupreme Court of Pennsylvania · 1974

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3Cited by18 opinions

  1. D.Z. v. Bethlehem Area School DistrictCommonwealth Court of Pennsylvania · 2010
  2. Messina v. East Penn TownshipSupreme Court of Pennsylvania · 2012
  3. McLaughlin v. Forty Fort BoroughDistrict Court, M.D. Pennsylvania · 2014
  4. Oxford Corp. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2011
  5. Bartkowski Investment Group, Inc. v. Board of Commissioners of Marple TownshipCommonwealth Court of Pennsylvania · 2011

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