AUUE, Inc. v. Boro of Jefferson Hills ZHB
This text of AUUE, Inc. v. Boro of Jefferson Hills ZHB (AUUE, Inc. v. Boro of Jefferson Hills ZHB) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
AUUE, INC. : No. 328 WAL 2021 : : v. : Petition for Allowance of Appeal from : the Order of the Commonwealth : Court BOROUGH OF JEFFERSON HILLS : ZONING HEARING BOARD : AND BOROUGH OF JEFFERSON HILLS : AND 68 RESIDENTS OF JEFFERSON : HILLS : : : PETITION OF: RESIDENTS OF : JEFFERSON HILLS :
ORDER
PER CURIAM
AND NOW, this 22nd day of June, 2022, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioners, are:
(1) Where it is proven that a developer’s zoning permit application violates the zoning ordinance, does the zoning hearing board have authority under the Pennsylvania Municipalities Planning Code (“MPC”) and local zoning ordinance to overturn the zoning officer’s issuance of a zoning permit because of those proven violations?
(2) Did the Commonwealth Court err in holding that a zoning hearing board, when considering an application for a zoning permit, cannot resolve “extant zoning matters” or review a permit application for “overall compliance with the zoning ordinance, but instead must ignore proven zoning ordinance violations and only answer the narrow legal question of whether a particular use is allowable as a “use by right” under a single subsection of the ordinance?
(3) Can a zoning officer, when evaluating an application for a zoning permit, ignore zoning ordinance violations apparent on the face of the developer’s application and, instead, defer to elected officials to address those zoning ordinance violations at some unidentified point in the “land development process?”
(4) Does it constitute an inadmissible advisory opinion for a zoning officer, in response to a zoning permit application, to only provide a legal opinion that a particular use is allowed in a zoning district without considering any other part of the application or zoning ordinance?
[328 WAL 2021] - 2
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AUUE, Inc. v. Boro of Jefferson Hills ZHB, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auue-inc-v-boro-of-jefferson-hills-zhb-pa-2022.