Municipality of Monroeville v. Prin

680 A.2d 9, 1996 Pa. Commw. LEXIS 271
CourtCommonwealth Court of Pennsylvania
DecidedJune 25, 1996
StatusPublished
Cited by4 cases

This text of 680 A.2d 9 (Municipality of Monroeville v. Prin) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Municipality of Monroeville v. Prin, 680 A.2d 9, 1996 Pa. Commw. LEXIS 271 (Pa. Ct. App. 1996).

Opinion

SMITH, Judge.

The Municipality of Monroeville (Monroe-ville) appeals from an order of the Court of Common Pleas of Allegheny County that reversed the decision of the Monroeville Municipal Council (Council) denying applications of the owners of a property along Monroeville Boulevard to perform excavation and to construct a shopping center. Monroeville states the questions presented as whether the doctrines of collateral estoppel, res judicata or law of the case precluded the taking of the subject appeal to the trial court or precluded the trial court from ruling on issues that had been decided by another judge previously; whether Council committed error of law or abuse of discretion by denying the conditional use application and the site plan application; and whether confusion relating to a 1987 rezoning affects the decision in this case.

William Prin, Evi Prin, Alice G. Prin and Clair Prin Blomquist (Prins) are owners of the 70.7-acre property at issue. They granted an option to 4004 Monroeville Boulevard, Inc. (4004) to purchase and begin development of a shopping center; both later assigned their development rights to Grand View Development Company. After Council denied applications for approval for a large shopping center in May 1990, the Prins and 4004 (Applicants) filed a conditional use application and a site plan application for a smaller shopping center. At a meeting on March 12,1991, after discussing how much of the property was zoned “C-2” Business, Council denied these applications. On appeal, the trial court, Penkower, J., affirmed. On further appeal, this Court reversed and remanded, on the ground that the due process rights of the Applicants were violated when Council voted on the applications in its quasi-judicial role with the participation of a member of Council who had campaigned vigorously against the proposal and so had shown himself to be biased and not capable of rendering an impartial decision. Prin v. Council of Municipality of Monroeville, 165 Pa.Cmwlth. 519, 645 A.2d 450 (1994).

Following remand, Council held two new hearings (without the introduction of new evidence) for the benefit of new members of Council and again voted to deny the applications, without the participation of the biased member. On the second appeal the trial court, McLean, J., reversed, concluding that the record showed that the area covered by the application was zoned C-2, in which a shopping center is a permitted use, thus rendering Council’s conditional use analysis superfluous; that Council abused its discretion in denying the applications on the basis of increase in traffic, for lack of sufficient evidence in regard to either the conditional use of excavation or the permitted shopping center use; and that Council further abused its discretion in requiring the Applicants to make traffic improvements far beyond the actual site, contrary to the provisions of Section 503-A(b) of the Pennsylvania Municipalities Planning Code (MPC).1

Monroeville first argues that the doctrines of res judicata, collateral estoppel or law of the case precluded the trial court in the second appeal from ruling upon issues decided by a different judge of the trial court in the first appeal.2 As the Applicants note, however, both res judicata and collateral es-toppel require the existence of a final judgment in a case before preclusion of relit-igation of a claim (res judicata) or of an issue (collateral estoppel) applies. See Jacquelin v. Zoning Hearing Board of Hatboro Bor[12]*12ough, 152 Pa.Cmwlth. 568, 620 A.2d 554 (1993) (factors for applying collateral estop-pel include a final judgment on the merits in the earlier action), and Mintz v. Carlton House Partners, Ltd., 407 Pa. Superior Ct. 464, 595 A.2d 1240 (1991) (under res judicata a final, valid judgment on the merits by a court of competent jurisdiction bars future suits between the same parties or their privies on the same cause of action). A judgment has yet to be entered in the present case; hence, these doctrines do not apply.

Under the doctrine of the law of the case, where an appellate court has considered and decided a question on appeal, it will not, in a later appeal of another phase of the same case, reconsider its previous ruling, even though convinced it was in error. Sanchez v. Philadelphia Housing Authority, 148 Pa.Cmwlth. 329, 611 A.2d 346 (1992). This doctrine applies to appellate courts only. Id. In any event, the doctrine requires the existence of a valid and effective prior order. In this case the reversal of the first trial court order and remand for a new proceeding before Council rendered that first trial court order inoperative. Another distinct rule is that a trial judge may not overrule an interlocutory order of another judge of the same court as to an issue previously litigated. Id. That policy does not apply here either because the trial court’s ruling on the first appeal was not an interlocutory order but rather a final, appealable order, ultimately reversed by this Court in Prin.

On the merits of the denial of the applications, Monroeville notes that where a trial court has taken no additional evidence in a zoning case, this Court’s scope of review is limited to determining whether the municipal body abused its discretion or committed an error of law and whether the findings are supported by substantial evidence. Appeal of Sweigart, 117 Pa.Cmwlth. 84, 544 A.2d 74 (1988). Interference with the actions of a municipal body should occur only in extremely limited circumstances where such a body acts outside the scope of its powers or in an improper exercise of its discretion. Frederick v. City of Butler, 30 Pa.Cmwlth. 625, 374 A.2d 768 (1977).

Monroeville first discusses the statutory authority for municipalities to permit conditional uses, Section 603(c)(2) of the MPC, 53 P.S. § 10603(c)(2), and various provisions in Article Four of the Monroeville Zoning Ordinance relating to conditional uses. As the Applicants note, however, Monroeville’s argument concerning the shopping center as a conditional use rests on the assertion that much of the area involved is located in an R-2 district. Table 201 of the Zoning Ordinance, which enumerates the types of zoning districts and specifies the permitted and conditional uses for each type, includes “Shopping Center” as a permitted use in a “‘C-2’ — Business” district and “Major Excavation” as a conditional use in that district. Certified Record, Brief of Appellants, Exhibits Volume A, Item No. 2, p. 8. Table 201 does not provide for a shopping center as a permitted use or a conditional use in an “ ‘R-2’ — One-Family Residence” district, id., p. 7, and Section 205 of the Zoning Ordinance provides that uses not specifically listed as permitted or conditional uses shall be prohibited. Thus the question of the zoning of the area involved, which Monroeville discusses separately, is a preliminary, determinative matter.

Council stated among the reasons for the denial that the Applicants failed to show that the proposed site plan is within a C-2 district.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Insurance Federation of Pennsylvania, Inc. v. Commonwealth, Insurance Department
929 A.2d 1243 (Commonwealth Court of Pennsylvania, 2007)
Trimmer v. Workers' Compensation Appeal Board
889 A.2d 141 (Commonwealth Court of Pennsylvania, 2005)
Trojnacki v. Board of Supervisors Solebury Township
842 A.2d 503 (Commonwealth Court of Pennsylvania, 2004)
Pentlong Corp. v. GLS Capital, Inc.
780 A.2d 734 (Commonwealth Court of Pennsylvania, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
680 A.2d 9, 1996 Pa. Commw. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipality-of-monroeville-v-prin-pacommwct-1996.