Legal Opinion

Christman v. Zoning Hearing Board of the Township of Windsor

Commonwealth Court of Pennsylvania

Decided July 15, 2004PublishedCited by 15 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

Dennis C. Christman and Susan L. Christman (Landowners) challenged inclusion of their property in a new agriculture preservation zone. The Windsor Township Zoning Hearing Board (ZHB) rejected the challenge, and the Court of Common Pleas of Berks County (trial court) affirmed. The main issue now concerns the refusal of two ZHB members to recuse themselves. Landowners also argue the boundaries of the new zone constitute “spot zoning” and the ZHB’s decision was against the weight of the evidence. We affirm.

The Windsor Township Board of Supervisors began to amend the…

2Cases cited20 opinions

  1. In Re Murchison.Supreme Court of the United States · 1955
  2. Schlesinger AppealSupreme Court of Pennsylvania · 1961
  3. Caln Nether Co., L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2004
  4. Mulac AppealSupreme Court of Pennsylvania · 1965
  5. Borough of Youngsville v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1982

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3Cited by15 opinions

  1. Riverwalk Casino, L.P. v. Pennsylvania Gaming Control BoardSupreme Court of Pennsylvania · 2007
  2. Penn Street, L.P. v. East Lampeter Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2014
  3. BPG Real Estate Investors-Straw Party II, L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2010
  4. Atherton Development Co. v. Township of FergusonCommonwealth Court of Pennsylvania · 2011
  5. Springwood Development Partners, L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2009

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