Legal Opinion

Kohl v. New Sewickley Township Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided January 21, 2015PublishedCited by 55 opinions

1Opinion of the Court

OPINION BY

Judge McCULLOUGH.

Barbara and William Layton (Interve-nors) appeal from the December 27, 2013 order of the Court of Common Pleas of Beaver County (trial court), which reversed an order of the New Sewickley Township (Township) Zoning Hearing Board (ZHB), concluding that the dog-rescue operation run by Richard and Noreen Kohl (Applicants) was a non-permissible “kennel” under the Township’s zoning ordinance (Ordinance)1 and denying Appli*963cants’ request for a variance. The trial court determined that because Applicants did not receive “economic gain” or a profit for their efforts, their…

2Cases cited40 opinions

  1. Wiegand v. WiegandSupreme Court of Pennsylvania · 1975
  2. Commonwealth Ex Rel. Robinson v. RobinsonSupreme Court of Pennsylvania · 1984
  3. Nix v. HeddenSupreme Court of the United States · 1893
  4. Malt Beverages Distributors Ass'n v. Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 2009
  5. In Re Nomination of PaulmierSupreme Court of Pennsylvania · 2007

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3Cited by55 opinions

  1. I. Shvekh v. The ZHB of Stroud Twp. and Twp. of StroudCommonwealth Court of Pennsylvania · 2017
  2. L. London v. Zoning Board of PhiladelphiaCommonwealth Court of Pennsylvania · 2017
  3. A. DiMattia and N.E. DiMattia v. ZHB of East Whiteland Twp.Commonwealth Court of Pennsylvania · 2017
  4. Gaughen LLC v. Borough Council of the Borough of MechanicsburgCommonwealth Court of Pennsylvania · 2015
  5. Balady Farms, LLC v. Paradise Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2016

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