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Zoning Law

Commonwealth Court of Pennsylvania
Uncategorized

Bozek v. Atlantic Wind — Internet Discovery of Wind Turbine Construction Did Not Toll MPC’s 30-Day Land Use Appeal Deadline

The Commonwealth Court affirmed the quashing of a land use appeal challenging a Fayette County wind power facility development plan, holding that the MPC’s 30-day appeal period ran from the date of the written approval decision — not from the objector’s internet discovery that construction had begun — and that the due process exception to the time limit must be affirmatively pleaded in the appeal.

Commonwealth Court of Pennsylvania
Uncategorized

Abdulhay v. Upper Macungie Township ZHB — Pennsylvania Adopts Two-Part Coverage-Gap Test for TCA Wireless Tower Variances After Loper Bright

The Commonwealth Court, sitting en banc, affirmed zoning variances for a 190-foot Verizon cell tower in Upper Macungie Township but adopted a new post-Loper Bright framework: carriers must first attempt to satisfy the MPC’s property-specific hardship requirements, then—if unmet—seek TCA-based relief under the two-part APT Pittsburgh coverage-gap-and-least-intrusive-means test, rejecting the Third Circuit’s FCC-derived “materially inhibit” standard. President Judge Cohn Jubelirer concurred in the result but vigorously disputed the majority’s analytical approach.

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