In Re Appeal of Realen Valley Forge Greenes Associates

838 A.2d 718, 576 Pa. 115
CourtSupreme Court of Pennsylvania
DecidedDecember 18, 2003
Docket186 MAP 2002
StatusPublished
Cited by56 cases

This text of 838 A.2d 718 (In Re Appeal of Realen Valley Forge Greenes Associates) 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.

Bluebook
In Re Appeal of Realen Valley Forge Greenes Associates, 838 A.2d 718, 576 Pa. 115 (Pa. 2003).

Opinions

OPINION

Justice LAMB.

We granted allowance of appeal to consider the validity of the agricultural zoning of a tract located in the heart of one of the most highly developed areas in the region, entirely surrounded by an urban landscape, and immediately adjacent to what is currently the world’s largest shopping complex at one discrete location: the Court and the Plaza at King of Prussia. We hold that this agricultural zoning, designed to prevent development of the subject property and to “freeze” its substantially undeveloped state for over four decades in order to serve the public interest as “green space”, constitutes unlawful “reverse spot zoning” beyond the municipality’s proper pow[120]*120ers. Therefore, we reverse the order of the intermediate appellate court upholding the validity of the legislation.

The subject property, located in Upper Merion Township (Township1), Montgomery County, is the site of the Valley Forge Golf Club (Golf Club), about 135 acres2 of landscaped links located at the confluence of the region’s primary arterial highways and immediately adjacent to one of the most intensely developed commercial areas in the region. The Golf Club is owned by the Hankin Family Partnership and is the subject of a conditional agreement of sale to Realen Valley Forge Greenes Associates (Realen), Appellant herein. The Township’s consulting land planner, John Rahenkamp & Associates, in an analysis of the Golf Club’s zoning in June 1984, described the critical location of the property in these terms.

There are six (6) major limited access highways that service the King of Prussia area, four (4) of them actually begin at the [Golf Club] site (Schuylkill Expressway, PA Turnpike, Route 202, County Line Expressway)____The fact that the site is uniquely accessible and is essentially at the hub of [121]*121such a major road network, places an extremely heavy pressure on the site. Added to this is the reality that there is very little vacant land as a single large parcel in the adjacent Valley Forge Industrial Park, especially with the visibility of the Golf Course site.

R.R. 845a.

The Golf Club opened in the 1920’s, several decades before the Township enacted its first zoning regulations. In 1953 the Township created an AG-Agricultural Zoning District (AG District) and so designated a substantial portion of the Township including the Valley Forge Park3, the Golf Club, and more than 1,500 acres of land surrounding the Club. Uses of land permitted by right in the AG-District, both then and now, are limited to municipal, single-family detached homes and agriculture. Upper Merion Township Zoning Ordinance § 165-10(A) — (D).

Between 1955 and 1990 the vast majority of the properties within the AG District were rezoned to permit intense commercial development. As the trial court here wrote:

[Sjince the date of its creation, portions of the AG district have been rezoned, many to commercial uses, reducing the district to its current parameters containing the golf course and two other properties [a 7.3 acre parcel improved with Pennsylvania Turnpike Interchange No. 24 and its associated highway ramps and toll plaza and a one-half acre parcel improved with a nonconforming residential structure] previously identified. The last such change or reduction in the district’s size occurred in 1985 ... with the most significant revisions taking place between 1955 and 1960, when areas including the present Valley Forge Industrial Park, King of [122]*122Prussia Mall, General Electric, Acme and Valley Forge Convention Center Areas were rezonéd.

Trial Ct. slip op. at 6.

The trial court described the properties surrounding the Golf Club, noting that those in the Township were all within the AG District in the early 1950’s, and the current state of their zoning and development, in these terms:

Across North Gulph Road lies an area zoned SM-Suburban Metropolitan, within which district there is located a combination of restaurant, hotel, and office uses. Beyond North Warner Road is found an area zoned C-2 Commercial, containing a Home Depot store, a bank, a gas station and a convenience store, and, below DeKalb Pike, within an AR-Administrative Research district, are located a number of office buildings. To the west, as one crosses the boundary line of Upper Merion Township, Delaware (sic) County into Tredyffrin Township, Chester County, there are to be found three different zoning districts, consisting of an HO-Hotel Office district, a P-Professional Office district and the Glenhardie Condominium situate within the OA-Office Apartment district.

Trial Ct. slip op. at 3-4.

On July 13, 1964 the Township governing body enacted Ordinance No. 64-141 which provided that:

The Township has a general plan (here in after [sic] called General Plan) of its parks, playgrounds, recreation areas and facilities which plan has been on file at the office of the Township; and
There is hereby located and superimposed ... a recreation area, being all of the land and appurtenances thereon of the Valley Forge Golf Club, said located generally in the area of the Township ... the same consisting of approximately 138 acres.

R.R. 255a-256a. The purpose of Ordinance No. 64-141 can be understood only with reference to Sections 1907-1 and 1907-2 of the Act of May 1,1933, P.L. 103, added by the Act of July 2, [123]*1231953, P.L. 354, to the Second Class Township Code, as it then was, 53 P.S. §§ 66907.1 and 66907.24, which authorized the creation of “a general plan of [the township’s] parks, recreation areas, and facilities, including those which may have been or may be laid out but not opened.” Once such a general plan was created and filed, “[a]ll subdivisions of property thereafter made shall conform thereto.” Moreover, for a maximum period of three years:

No person shall hereafter be entitled to recover any damages for the taking for public use of any buildings or improvements of any kind which may be placed or constructed upon or within the lines of any located park or recreation area after the same shall have been located or ordained by the township supervisors.

Section 1907.2 of the Second Class Township Code, 53 P.S. § 66907.2 (repealed).

Thus, the purpose and effect of Township Ordinance 64-141 was to preclude any further development or improvement of the Golf Club or its facilities for three years. The Golf Club challenged the validity of Ordinance No. 64-141 and the enabling provisions of the Second Class Township Code by complaint in equity and the trial court, in a decision dated January 14, 1966 on the Golf Club’s motion for judgment on the pleadings, reported as Valley Forge Golf Club v. Upper Merion Township, 39 D. & C.2d 181, 187 (Montg.Cty.1965), held Ordinance No. 64-141 unconstitutional as depriving the Golf Club -without compensation of the full enjoyment of its property.

On the failure of its initial legislative action, the Township sought to create public support for a bond issue, the proceeds of which were to be used to acquire the Golf Club property.

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Bluebook (online)
838 A.2d 718, 576 Pa. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-realen-valley-forge-greenes-associates-pa-2003.