Legal Opinion

Kulak v. Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided September 7, 1989No. 2994 C.D. 1988PublishedCited by 16 opinions

1Opinion of the Court

CRAIG, Judge.

Herbert and Maruso Carver appeal an order of the Court of Common Pleas of Bucks County which affirmed in part and reversed in part a decision of the Zoning Hearing Board of Bristol Township.

The Issues

The issues we must resolve are: (1) whether a special exception automatically lapses whenever there is non-compliance with a condition attached to the special exception; and (2) whether a zoning hearing board can subject a residential special exception to a condition depending upon the personal identification of the occupants.

The Facts

The Carvers entered into an agreement of sale…

2Cases cited4 opinions

  1. Babin v. City of LancasterCommonwealth Court of Pennsylvania · 1985
  2. Van Sciver v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1959
  3. Danwell Corp. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
  4. Timber Place Associates v. Plymouth Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1981

3Cited by16 opinions

  1. Smith v. ZONING BD. OF HUNTINGDONCommonwealth Court of Pennsylvania · 1999
  2. Gangemi v. Zoning Board of AppealsSupreme Court of Connecticut · 2001
  3. Aldridge v. Jackson TownshipCommonwealth Court of Pennsylvania · 2009
  4. In Re Appeal of KreiderCommonwealth Court of Pennsylvania · 2002
  5. Kratzer v. Board of Supervisors of Fermanagh TownshipCommonwealth Court of Pennsylvania · 1992

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