Messina v. East Penn Township

BLACK, S.J.,

Appellants, Charles N. Messina, Agnes Messina, and Lehigh Asphalt Paving and Construction Co., have filed a procedural validity challenge to the East Penn Township Zoning Ordinance, Township Ordinance no. 1996-94, adopted July 22, 1996. Appellants aver that procedural errors occurred at the time the ordinance was adopted and that as a result the ordinance is void ab initio. However, the challenge was not filed until August 11,2008, more than 12 years after adoption of the ordinance, and in the meantime the township and its residents and landowners have substantially relied on the…