Jim Thorpe Area School District v. Kidder Township Zoning Hearing Board

LAVELLE, P.J.,

The principal issue presented in this zoning appeal is whether a political subdivision, through its zoning ordinance, may lawfully exclude public school buildings from being located in a particular district of the municipality. We hold that it cannot and, accordingly, we reverse the decision of the zoning hearing board which denied a zoning permit to School District. We also hold, as a matter of law, that Kidder Township’s Zoning Ordinance is constitutionally invalid in that it effectively excludes public schools from the township.

*434FINDINGS OF FACT

The Jim Thorpe Area School…