Appeal of Geiger v. Zoning Hearing Board

I agree with the majority that North Whitehall Township’s zoning ordinances which prohibit the placement of mobile homes on individual lots within the Township are unconstitutional.

However, I see no reason for the majority to alter the posture of this litigation and derive the conclusion of unconstitutionality “from a different analysis than that employed by the lower courts.” Maj. op. at 234. While the majority might be correct that the Township’s zoning distinction between the placement of mobile homes on individual lots, a prohibited use, and the placement of sectional or modular homes on…