Muhlenberg College v. Zoning Hearing Bd. of City of Allentown

FLAHERTY, Judge.

Muhlenberg College (Muhlenberg) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) affirming the decision of the Zoning Hearing Board of the City of Allentown (Board) which determined that Ordinance 13607, which created a “Student Residence Overlay District Zone” (student zone) and prohibited more than two students from living together in a dwelling unit in an area immediately surrounding Muhlenberg campus, was valid, does not discriminate against students, was properly enacted and does not constitute spot zoning. We reverse.

Muhlenberg is a…