Legal Opinion

Philadelphia Suburban Development Corp. v. Scranton Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided April 5, 2012No. 815 C.D. 2011PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

Philadelphia Suburban Development Corporation (Developer) appeals an order of the Court of Common Pleas of Lacka-wanna County (trial court) denying its application for an accessory use. In doing so, the trial court affirmed the decision of the Scranton Zoning Hearing Board (Board) that the creation of housing for pre-release inmates and parolees was not a use customary and incidental to an office use. Instead, the Board found that Developer’s proposed facility is not permitted under the City of Scranton Zoning Ordinance (Zoning Ordinance). 2 Discerning no error in the…

2Cases cited7 opinions

  1. Mitchell v. Zoning Hearing Board of the Borough of Mount PennCommonwealth Court of Pennsylvania · 2003
  2. Southco, Inc. v. Concord TownshipSupreme Court of Pennsylvania · 1998
  3. Hasley's AppealSuperior Court of Pennsylvania · 1942
  4. Feldman v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985
  5. Hess v. Warwick Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2009

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3Cited by2 opinions

  1. D.M. Hopler & J. Hopler v. N. Middleton Twp. ZHBCommonwealth Court of Pennsylvania · 2020
  2. University of Scranton v. City of Scranton Zoning Hearing Board, Pennsylvania Court of Common Pleas, Lackawanna County2013

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