Legal Opinion
East Marlborough Township v. Jensen
Commonwealth Court of Pennsylvania
Decided April 23, 1991No. 1232 C.D. 1990PublishedCited by 10 opinions
1Opinion of the Court
COLINS, Judge.
East Marlborough Township (Township) appeals from an order and opinion of the Court of Common Pleas of Chester County (Common Pleas) which partially reversed the decision of the Township’s Board of Supervisors (Board) and held that the Township’s zoning ordinance (ordinance) failed to provide a “fair share” of land for commercial development.
On July 24, 1986, Richard Jensen, Edward J. Carney, Jr. and Douglas F. Carney (developers) filed a challenge to the validity of the ordinance (challenge to validity) and two proposed curative amendments pursuant to what is now Section 916.1…
2Cases cited5 opinions
- Surrick v. ZHB OF U. PROVIDENCE TP.Supreme Court of Pennsylvania · 1977
- Sultanik v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1985
- Sullivan v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1975
- Cambridge Land Co. v. Township of MarshallCommonwealth Court of Pennsylvania · 1989
- Nassif v. Board of AdjustmentCommonwealth Court of Pennsylvania · 1982
3Cited by10 opinions
- Tobin v. Radnor Township Board of CommissionersCommonwealth Court of Pennsylvania · 1991
- Montgomery Crossing Associates v. Township of Lower GwyneddCommonwealth Court of Pennsylvania · 2000
- Farley v. Zoning Hearing Board of Lower Merion TownshipCommonwealth Court of Pennsylvania · 1994
- Hanson Aggregates Pennsylvania, Inc. v. College Township CouncilCommonwealth Court of Pennsylvania · 2006
- Robertson v. Henry Clay Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2006
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