Miravich v. Township of Exeter
54 A.3d 106
| Pa. Commw. Ct. | 2012Background
- Adjacent landowners protestants oppose Metrodev V, LP's Windy Willows plan for a 47.294-acre property at Exeter Township/Lower Alsace/Alsace Township boundary.
- Old Ordinance 500 zoned property Low Density Residential; New Ordinance 596 reclassified to suburban residential, reducing allowable lots from 30 to 7.
- Landowner challenged New Ordinance with the ZHB; Settlement Agreement later directed plan review under Old Ordinance.
- Developer submitted Plan on Sept. 2, 2005 (after New Ordinance adoption) for 34 lots; Township granted preliminary approval with SALDO waivers and reserved some waivers for final plan.
- Protestants challenged in court; initial dismissal for lack of standing was reversed on appeal; remand ordered for reconsideration.
- Key issues include proper forum for validity challenges, validity of the Settlement Agreement, applicability of Old vs New Ordinance, waiver/sewer certification decisions, and standing of Developer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper forum for validity challenges to the New Ordinance | Protestants argue ZHB is proper forum; Township usurped ZHB process. | Township argues settlement and exclusive review by governing body possible. | ZHB proper; Settlement invalid; exclusive jurisdiction misapplied. |
| Validity of the Settlement Agreement | Settlement alters zoning without notice/hearing and contravenes Carlino. | Settlement permissible to resolve land use disputes. | Settlement Agreement invalid; not judicially approved and lacks public process. |
| Applicable ordinance for plan review | Plan should be reviewed under New Ordinance after July 25, 2005. | Settlement required Old Ordinance review. | Plan must be reviewed under New Ordinance; Township erred. |
| Timing and propriety of waivers and sewage certification | Okay to require sewage certification at preliminary stage; inadequate basis for waivers. | Discretion to grant/condition waivers; final plan stage can be used for some waivers. | Authorities may condition final approval on sewage certification; lack of basis for waivers requires remand for explanation. |
| Standing of Developer as applicant/agent | Developer lacked equitable interest or agency to file Plan. | Developer authorized to act on Landowner’s behalf; status shown by filings. | Developer had standing as equitable owner/agent; valid to seek preliminary plan approval. |
Key Cases Cited
- Carlino v. Whitpain Investors, 499 Pa. 498 (1982) (contracts cannot alter zoning classifications; settlement not allowed to subvert zoning)
- Yaracs v. Summit Academy, 845 A.2d 203 (Pa.Cmwlth.2004) (settlement approvals may be judicially reviewed; permits departures from regulations)
- Boeing Co. v. Zoning Hearing Bd., 822 A.2d 153 (Pa.Cmwlth.2003) (settlements resolving land use disputes subject to review)
- Summit Township Taxpayers Ass'n v. Summit Township Bd. of Supervisors, 411 A.2d 1263 (Pa.Cmwlth.1980) (settlements favored when properly reviewed and noticed)
- BPG Real Estate Investors-Straw Party II, L.P. v. Bd. of Supervisors, 990 A.2d 140 (Pa.Cmwlth.2010) (contract zoning distinctions; settlements can be permissible)