Legal Opinion

Atherton Development Co. v. Township of Ferguson

Commonwealth Court of Pennsylvania

Decided October 12, 2011No. 116 C.D. 2011PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this zoning appeal, Atherton Development Company (Atherton) asks whether the Board of Supervisors of Ferguson Township (Supervisors) erred in rejecting its validity challenge to the Ferguson Township Zoning Map. Atherton based its challenge on a theory of reverse spot zoning. Specifically, Atherton contends the Townhouse Residential R-3 zoning classification of a portion of its property is invalid where properties on three sides of that property are zoned and developed for commercial use. Atherton also raises several other issues. Upon review, we affirm.

I. Factual…

2Cases cited26 opinions

  1. Taylor v. Haverford TownshipSupreme Court of Pennsylvania · 1930
  2. Caln Nether Co., L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2004
  3. In Re Appeal of Realen Valley Forge Greenes AssociatesSupreme Court of Pennsylvania · 2003
  4. Putney v. Abington TownshipSuperior Court of Pennsylvania · 1954
  5. Joseph v. North Whitehall Township Board of SupervisorsCommonwealth Court of Pennsylvania · 2011

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3Cited by10 opinions

  1. Penn Street, L.P. v. East Lampeter Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2014
  2. M. DiMattio v. Millcreek Twp. ZHB and Twp. of MillcreekCommonwealth Court of Pennsylvania · 2016
  3. Conshohocken Borough v. Conshohocken Borough ZHB ~ Appeal of: K.J. Waller & L. RhodesCommonwealth Court of Pennsylvania · 2021
  4. D.M. Riccio v. Newtown Twp. ZHBCommonwealth Court of Pennsylvania · 2024
  5. Golf Enterprises, Inc. v. Newberry Twp. Board of Supervisors v. Valley Green Residents OrganizationCommonwealth Court of Pennsylvania · 2017

5 more not listed; retrieve them via the Exa API.

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