PA Northwestern Distributors, Inc. v. Zoning Hearing Board

OPINION OF THE COURT

LARSEN, Justice.

This appeal presents an issue of first impression to this Court, i.e., whether a zoning ordinance which requires the amortization and discontinuance of a lawful pre-existing nonconforming use is confiscatory and violative of the constitution as a taking of property without just compensation.

On May 4, 1985, after obtaining the necessary permits and certificates to conduct its business on leased premises, appellant, PA Northwestern Distributors, Inc., opened an adult book store in Moon Township, Pennsylvania. Four days later, the Moon Township Board of…