Legal Opinion · Concurrence

Guentter v. Borough of Lansdale

Commonwealth Court of Pennsylvania

Decided October 1, 1975No. Appeal, No. 1308 C.D. 1974Published

1Concurrence

*294Concurring Opinion by

Judge Kramer:

I concur in the result reached by the majority but do not adhere to the scope of review utilized. It is not an abuse of discretion standard that controls, but rather a recognition that the refusal of a municipal governing body to rezone is not subject to review by this or any other court. We so held in Clover Hill Farms, Inc. v. Lehigh Township Board of Supervisors, 5 Pa. Commonwealth Ct. 239, 289 A.2d 778 (1972) and we followed that holding in Board of Supervisors of Ferguson Township v. Strouse, 16 Pa. Commonwealth Ct. 143, 328 A.2d 177 (1974) and Warren v.…

2Cases cited7 opinions

  1. Ellick v. Bd. of Spvrs., Worcester Twp.Commonwealth Court of Pennsylvania · 1975
  2. Board of Commissioners of McCandless Township v. Beho Development Co.Commonwealth Court of Pennsylvania · 1975
  3. Kaufman & Broad, Inc. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1975
  4. Clover Hill Farms, Inc. v. Lehigh Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1972
  5. Warren v. FerrickCommonwealth Court of Pennsylvania · 1975

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