Legal Opinion
Spencer v. McKean Township Zoning Hearing Board
Commonwealth Court of Pennsylvania
Decided February 18, 1988No. Appeal, No. 3512 C.D. 1986PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Judge Craig,
McKean Township appeals an order of Judge Roger M. Fischer, of the Court of Common Pleas of Erie County, reversing the McKean Township Zoning Hearing Boards denial of the application of James C. Spencer and Ronald Nielson for a special use permit to construct and operate a landfill.
On January 5, 1983, Spencer applied for a special use permit to locate the landfill on a 65-acre tract, bordered by Interstate 90 and Pennsylvania Route 832, in a district zoned Industrial Park.
The township zoning ordinance provides that “all uses of land and buildings not permitted in other…
2Cases cited5 opinions
- Bray v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1980
- Zajac v. Zoning Hearing Board of Mifflin TownshipCommonwealth Court of Pennsylvania · 1979
- Feldman v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985
- Tohickon Valley Transfer, Inc. v. Tinicum Township ZonIng Hearing BoardCommonwealth Court of Pennsylvania · 1986
- New Bethlehem Borough Council v. McVayCommonwealth Court of Pennsylvania · 1983
3Cited by4 opinions
- Marquise Investment, Inc. v. City of PittsburghCommonwealth Court of Pennsylvania · 2010
- Abernathy v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
- Abernathy v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
- Appeal of Redeemed Christian Church of God, Living Spring Miracle Center, Inc. From the Decision of the ZHB of Lower Chichester Twp. Dated May 21, 2014Commonwealth Court of Pennsylvania · 2016