Legal Opinion · Dissent

McKown v. Board of Supervisors

Supreme Court of Pennsylvania

Decided July 28, 1988No. Appeal No. 154 E.D. Appeal Docket 1987Published

1DissentMcDERMOTT, Justice

I dissent. The issue crucial to the instant appeal is whether a mobilehome park is a legitimate and recognized use for which a place must be provided in all zoning ordinances. Although the term “mobilehome park” is defined in the Municipalities Planning Code,1 and the Commonwealth Court has accepted mobilehome parks as a legitimate use, this Court has not heretofore addressed the issue.2

I am of the opinion that the issue presented is of such importance and capable of recurrence that it should not be addressed by a mere per curiam affirmance.

The Commonwealth Court in the seminal case of East…

2Cases cited4 opinions

  1. East Pikeland Twp. v. Bush Bros., Inc.Commonwealth Court of Pennsylvania · 1974
  2. Appeal of Geiger v. Zoning Hearing BoardSupreme Court of Pennsylvania · 1986
  3. Borough of Malvern v. JacksonCommonwealth Court of Pennsylvania · 1987
  4. In Re Appeal of ShoreCommonwealth Court of Pennsylvania · 1987

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