Legal Opinion

Streck v. Lower Macungie Township Board of Commissioners

Commonwealth Court of Pennsylvania

Decided December 14, 2012PublishedCited by 7 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

The Township of Lower Macungie and David M. Jaindl and Jaindl Realty, L.P. (collectively, Jaindl) appeal an order of the Court of Common Pleas of Lehigh County (trial court) that invalidated the 2010 amendments to the Zoning Ordinance of Lower Macungie Township.1 The trial court did so because it found that the 2010 amendments had not been enacted in accordance with the public notice requirements for a zoning ordinance. Concluding that the trial court erred, we reverse.

At issue is a 700-acre parcel located in the Township, most of which is owned by Jaindl. In September…

2Cases cited8 opinions

  1. Carlino v. Whitpain InvestorsSupreme Court of Pennsylvania · 1982
  2. Lower Gwynedd Township v. Gwynedd Properties, Inc.Supreme Court of Pennsylvania · 1991
  3. Valianatos v. Zoning Hearing Board of Richmond TownshipCommonwealth Court of Pennsylvania · 2001
  4. Gladwyne Colony, Inc. v. Lower Merion TownshipSupreme Court of Pennsylvania · 1963
  5. Messina v. East Penn TownshipCommonwealth Court of Pennsylvania · 2010

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3Cited by7 opinions

  1. Ness v. York Township Board of CommissionersCommonwealth Court of Pennsylvania · 2013
  2. Shaw v. Township of Upper St. Clair Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2013
  3. Clean Air Generation, LLC Anthracite Ridge, LLC v. Schuylkill County Bd. of Comm., Schuylkill County Airport Auth.Commonwealth Court of Pennsylvania · 2022
  4. J. Yannaccone v. Lewis Twp. Bd. of Supers.Commonwealth Court of Pennsylvania · 2021
  5. K. Smith v. Board of Supervisors of West Pennsboro Twp.Commonwealth Court of Pennsylvania · 2018

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