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Joseph M. Bagley Argues Appeal Before PA Supreme Court

December 7, 2018

Joseph M. Bagley

Attorney Joseph M. Bagley recently argued an appeal before the Supreme Court of Pennsylvania on behalf of Cheltenham Township. In the case, In re Decision of the Cheltenham Township Zoning Hearing Board of December 16, 2015, Mr. Bagley challenged, on behalf of this municipality, the interpretation of Sections 508(4) and 917 of the Pennsylvania Municipalities Planning Code by the local zoning hearing board and their application to a developer seeking zoning relief.

Developer Hansen-Lloyd submitted a mandatory sketch plan in 2008 to Cheltenham Township for a proposed development containing 216 units of age-qualified housing. The plan remained pending until 2015 as the developer and the Township pursued negotiations regarding the adoption of an alternate plan and an ordinance amendment. When the negotiations concluded with a new ordinance amendment, but the developer was unable to obtain adoption of an ordinance in an adjoining township, the developer submitted an application for a special exception to the Cheltenham Zoning Hearing Board on its original 2008 plan. At the hearing, the two parties disputed which zoning ordinance applied to the newly-filed zoning application: the 2008 Ordinance or a newer ordinance adopted in 2012. The Supreme Court agreed to hear the case in January 2018. A ruling is expected in 2019.