PENNSYLVANIA ZONING LAW AND PRACTICE Two-Volume Set Available for purchase HERE or at 800-247-3526.
Bad Faith. In Ames v. Planning Commission of Indiana Borough, decided December 7, 2017, the Commonwealth Court held in an apparently novel case that a Borough engaged in bad faith when it rescinded its Planning Commission's authority to defend its own land development approval--which had been appealed--and joined with appellants in the appeal to overturn its own Planning Commission's approval. The trial court questioned how a municipality could appeal its own decision. The Borough had also rescinded the ordinance under which the development had been approved. After de novo hearings the trial court remanded the matter to the Borough with direction to allow the developer to consider how the previously approved plans could be modified to address concerns raised on appeal. The Commonwealth Court affirmed.