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PA Court Rules Against Property Owners Alleging Impermissible Spot Zoning
In a recently published opinion, the Pennsylvania Commonwealth Court in Burd v. Borough of Brentwood Zoning Hearing Board, 2023 Pa. Commw. LEXIS 92 (April. 18, 2023) rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning. In its analysis, the Commonwealth Court emphasized the heavy burden a challenger must meet to overcome the presumptive validity of a zoning ordinance.
The property at issue in Burd is located in the borough of Brentwood, Pennsylvania, the opinion said.
In late 2020, the borough enacted an ordinance, changing the zoning classification of the property from low-density residential (R-1) to mixed residential and neighborhood commercial (MUN).
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