Legal Opinion

University of Scranton v. City of Scranton Zoning Hearing Board

Pennsylvania Court of Common Pleas, Lackawanna County

Decided August 9, 2013No. 13 CV 360Published

1Opinion of the Court

NEALON, J.,

A local university filed an application with the Zoning Hearing Board of the City of Scranton (“ZHB”) seeking a dimensional variance for three sight distance triangle requirements in order to raze an existing nonconforming structure and replace it with a new building in the same dimensional footprint as the present, nonconforming structure. After the ZHB denied that dimensional variance request on the sole ground that the proposed new building will make use of the adjacent intersection “less safe” for motorists and pedestrians, the university filed this zoning appeal on the basis…

2Cases cited29 opinions

  1. Hertzberg v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1998
  2. Peirce AppealSupreme Court of Pennsylvania · 1956
  3. In Re Appeal of Brickstone Realty Corp.Commonwealth Court of Pennsylvania · 2001
  4. Township of Chartiers v. William H. Martin, Inc.Supreme Court of Pennsylvania · 1988
  5. Pappas v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1991

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