Agenda - Planning Commission - 09/04/2008

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Zoning Bulletin enact new legislation that altered the criteria by which the application could be approved or denied. The court emphasized that the goal-post statute required that the ap- plicable approval or denial criteria not change with respect to the ap- plication as filed, or as supplemented within a limited period of time. If after that time, the substance of an application-the facts-changed in a material way, the goal-post statute did not apply, said the court. That was because a change in the facts altered the nature of the application in a way that changed the manner in which existing law applied to it. The court found that Burk's death was such a change in facts that caused ex- isting laws to have a different effect. When he died, the applicant was no longer Burk, but was Jerry, said the court. Since Jerry did not have Mea- sure 37 waivers, Burk's death caused existing laws to operate differently. Therefore, the court concluded that the goal-post statute did not operate . to preserve Burk's waivers. See also: Sunburst II Homeowners Ass'n v. City of West Linn, 101 Or. App. 458, 790 P.2d 1213 (1990). . Case Note: The court also found there was no support for Jerry's contention that, when Burk filed his development application, the goal-post statute "vested" Burk's Measure 37 waivers so that, when he died, they passed to his estate. The court found that Burk failed to cite any case law or provision of the county ordinance that might support his argument. Grounds for Denial-Township denies plan for development of subdivision due to lack of sewer servIce Developer argues town should have approved plan conditioned on provision of sewer service . Citation: McGrath Canst;, Inc. v. Upper Saucon Tp. Bd.' of Supervisors,. 2008 WL 2356851 (Pa. Commw. Ct. 2008) McGrath Homes Construction, Inc. (McGrath) was a real estate de- velopment company. It sought to develop land it owned in the township. It submitted a preliminary plan to the township's Board of Supervisors (the Board), seeking approval of a proposed 124 single-family residential lot subdivision (the Plan). The proposed development was in an area that, under the township's official sewage facilities plan (the Act 537 Plan), required all sewer hook- 10 @2008 Thomson Reuters/West 92 \ 1 I ) i ,- I I I , ; i I I I I I , j 1 ~ i )