Legal Opinion

Albert v. Zoning Hearing Board

Supreme Court of Pennsylvania

Decided July 20, 2004No. 165 M.D. Appeal Docket 2002PublishedCited by 26 opinions

1Opinion of the Court

OPINION

Justice NIGRO.

This appeal raises the issue of whether the Commonwealth Court erred in granting a license for the operation of a halfway house for recovering alcoholics and drug-addicts in a residential zoning district based on its conclusion that the facility qualified as a “single-family detached dwelling” under the local zoning ordinance. For the following reasons, we conclude that it did err and therefore reverse.

On January 13, 2000, Dawn Albert filed a zoning application to operate a halfway house, known as The Waverly Retreat (the “Retreat”), on a 30-acre tract of land that she…

2Cases cited18 opinions

  1. Hertzberg v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1998
  2. City of White Plains v. FerraioliNew York Court of Appeals · 1974
  3. C & M Developers, Inc. v. Bedminster Township Zoning Hearing BoardSupreme Court of Pennsylvania · 2002
  4. Bailey v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 2002
  5. Patricca v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Fine v. CheccioSupreme Court of Pennsylvania · 2005
  2. Schwarz v. City of Treasure IslandCourt of Appeals for the Eleventh Circuit · 2008
  3. Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Bd.Supreme Court of Pennsylvania · 2019
  4. Riverfront Development Group, LLC v. City of Harrisburg Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2015
  5. I. Shvekh v. The ZHB of Stroud Twp. and Twp. of StroudCommonwealth Court of Pennsylvania · 2017

21 more not listed; retrieve them via the Exa API.

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