Two Land Use Victories In As Many Months
Attorneys at Eastburn and Gray have once again successfully argued that an outdated zoning ordinance unconstitutionally excludes convenience stores with fuel dispensing facilities and have obtained site specific relief for their client. In an order from the Honorable Todd Eisenberg of the Montgomery County Court of Common Pleas the Hatboro Borough Zoning Ordinance was ruled to be unconstitutional because it excludes convenience stores with fuel dispensing facilities, which was found to be a “legitimate land use” by the Court, and granted site-specific relief. Julie L. Von Spreckelsen, Esq. and Zachary A. Sivertsen, Esq. served as counsel for the real estate developer, Buckingham Retail Properties, LLC.
Last month, Eastburn and Gray attorneys obtained a similar judgement in Bucks County. In that case, which dealt with a proposed Wawa convenience store at the intersection of Swamp and Ferry Roads in Fountainville, the Court ruled that the ordinance was exclusionary of retail stores with fuel dispensing facilities and also granted site-specific relief. This decision is yet another example of the courts’ ruling that municipalities cannot use outdated and unduly restrictive zoning regulations to prevent this type of use from locating in their municipalities.
Ms. Von Spreckelsen has been representing commercial and residential real estate developers, businesses, individuals, and distinguished institutional clients in real estate law, including zoning, subdivision, land development and municipal-related matters for more than 15 years. She frequently represents clients in front of municipal bodies and state courts throughout Pennsylvania and New Jersey.
Mr. Sivertsen practices land use and zoning, real estate, litigation, construction, and municipal law at Eastburn and Gray. He has appeared on behalf of clients before zoning hearing boards, municipal governing bodies, courts of common pleas, and the Pennsylvania Commonwealth Court in land development matters, applications for zoning variances, and zoning appeals.
