The Commonwealth Court was asked to assess the constitutionality of a provision of the Philadelphia city code regulating “adult cabaret.” The court found that the language of the ordinance was neither unconstitutionally overbroad nor unconstitutionally vague.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Month: November 2017
In this “over-litigated case,” the Commonwealth Court was asked to determine if a homeowners’ association had the authority to require the removal of a mailbox that homeowners had not gotten approval to install. The court determined that the association could require the mailbox’s removal, as it was a structure under the terms of the association’s Declaration and Guidelines.
This case required the Commonwealth Court to determine whether or not a zoning hearing board had the authority to place conditions on the grant of a special exception. In holding that it did, the court relied on the language of the Philadelphia city code, which it determined provided the board with adequate discretion to impose the conditions.
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