Legal Opinion

Boni v. Zoning Hearing Board

Pennsylvania Court of Common Pleas, Fayette County

Decided January 31, 2007No. 1409 of 2005, G.DPublished

1Opinion of the Court

LESKINEN, J,

This matter comes before the court on the Township’s appeal from a decision of the zoning hearing board which granted a special exception for a “methadone treatment facility” under the theory that such a facility is a medical “clinic” under the terms of the zoning ordinance. The Frazier School Board, the landowners, and the prospective purchaser (and operator of the proposed methadone treatment facility) have all intervened.

For reasons set forth hereinafter, this matter will be remanded to the zoning hearing board for further proceedings in accordance with the new Fayette County…

2Cases cited8 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Addiction Specialists, Inc. v. The Township of Hampton, the Township of Hampton Council and the Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
  3. Manor Healthcare Corp. v. Lower Moreland Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1991
  4. Diversified Health Associates, Inc. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2001
  5. Bonner v. Upper Makefield TownshipCommonwealth Court of Pennsylvania · 1991

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