Legal Opinion · Dissent

In Re: ZHB of Cheltenham Twp 12-16-15 Decision

Supreme Court of Pennsylvania

Decided July 17, 2019No. 3 MAP 2018Published

1Dissent

JUSTICE WECHT, Dissenting

"Every statute shall be construed, if possible, to give effect to all its provisions."

*8571 Pa.C.S. § 1921(a). I cannot join the Majority, because in considering the two statutes at issue in this case, it disregards a material textual asymmetry between the statutes that speaks directly to the question upon which we granted review and, in my view, compels a contrary result.1

At issue in this case is the interplay between the statutory process that applies to subdivision plan (or "plat") applications submitted to a governing body and the discrete statutory process that…

2Cases cited8 opinions

  1. Fonner v. Shandon, Inc.Supreme Court of Pennsylvania · 1999
  2. Board of Revision of Taxes, City of Philadelphia v. City of PhiladelphiaSupreme Court of Pennsylvania · 2010
  3. Commonwealth v. Giulian v. Aplt.Supreme Court of Pennsylvania · 2016
  4. Williams v. Geico Government Employees InsuranceSupreme Court of Pennsylvania · 2011
  5. Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor VehiclesSupreme Court of Pennsylvania · 2012

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