Stuckley v. Zoning Hearing Board of Newtown Township

39 A.3d 992, 614 Pa. 690, 2012 WL 695434, 2012 Pa. LEXIS 486

Opinion

ORDER

PER CURIAM.

AND NOW, this 6th day of March, 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Does the repeal of an ordinance moot any challenges to that ordinance?

(2) Where the Commonwealth Court has remanded a case or controversy for a determination of mootness, may that Court nonetheless enter an advisory opinion on the merits that has no effect if the case is moot?

(3) Where a landowner challenges the substantive and procedural validity of a land use ordinance ... before the zoning hearing board and, before the board has conclud ed its hearings, settles and withdraws his challenge, do other landowners who participated [as parties to] the hearing, but who failed to file their own challenge to the validity of the now repealed ordinance, have the right to compel the zoning board or the courts to continue hearings on the repealed ordinance?