Legal Opinion

1050 Ashbourne Associates, LLC v. Cheltenham Township Board of Commissioners

Commonwealth Court of Pennsylvania

Decided August 1, 2017No. 1050 Ashbourne Assoc., LLC v. Cheltenham Twp. Bd. of Commissioners - 1713 C.D. 2016PublishedCited by 11 opinions

1Opinion of the Court

OPINION BY

PRESIDENT JUDGE LEAVITT

1050 Ashbourne Associates, LLC (Developer) appeals an order of the Court of Common Pleas of Montgomery County (trial court) that affirmed the decision of the Cheltenham Township Board of Commissioners to disapprove Developer’s plan for an age-restricted development in Chel-tenham Township. The trial court rejected the Commissioners’ theory that Developer’s plan was required to comply with the zoning requirements for the Township’s Preservation' Overlay District. It held, rather, that Developer’s development was governed exclusively by the zoning requirements…

2Cases cited6 opinions

  1. County of Allegheny v. CommonwealthSupreme Court of Pennsylvania · 1985
  2. Raum v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1977
  3. Kassouf v. Township of ScottSupreme Court of Pennsylvania · 2005
  4. Highway Materials, Inc. v. Board of Supervisors of Whitemarsh TownshipCommonwealth Court of Pennsylvania · 2009
  5. Ruf v. Buckingham TownshipCommonwealth Court of Pennsylvania · 2001

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3Cited by11 opinions

  1. C. Haring v. Newberry Twp.Commonwealth Court of Pennsylvania · 2024
  2. Caln-Nether Co., LP v. ZHB of Thornbury Twp. & Thornbury Twp.Commonwealth Court of Pennsylvania · 2021
  3. Cardiff Heights, LP v. Ross Twp. Board of Commissioners ~ Appeal of: F.P. CudaCommonwealth Court of Pennsylvania · 2017
  4. D. Soland v. ZHB of E. Bradford Twp. ~ Appeal of: J. Marshall & D. Gans-MarshallCommonwealth Court of Pennsylvania · 2020
  5. J. Marshall & D. Marshall v. E. Bradford Twp. Bd. of Supers.Commonwealth Court of Pennsylvania · 2021

6 more not listed; retrieve them via the Exa API.

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