Agenda - Planning Commission - 04/07/2011

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Zoning Bulletin January 10, 2011 I Volume 5 I No. 1 vate water system "due to the 18 years [(i.e., from 1990 to 2008)] of per- mission the Muths had been given to use their private water systems." The Authority argued that the Muths' vested rights claim failed. The court of common pleas agreed and dismissed the Muths' complaint. The Muths appealed. DECISION: Affirmed. The Commonwealth Court of Pennsylvania held that the Muths were not entitled, under the "vested rights doctrine," to recover against the Authority for requiring them to join the municipal water line. The court explained that "[t]he vested rights doctrine permits a land- owner to use his property without obtaining a variance." The doctrine applies only "to those cases where the applicant, in good faith, relies upon a permit issued in error and incurs significant non - recoverable costs," said the court. Here, the Muths did not incur - significant costs in reliance upon.a permit issued by either the township or the Authority. No related permit was ever issued to the Muths. Accordingly, the court concluded that the Muths could not claim nor recover against • the Au- thority on the basis of vested rights. See also: Chateau Woods, Inc. v. Lower Paxton Tp., 772 A.2d 122 (Pa. Commw. Ct. 2001). Telecommunications Uses — Telecommun Company Says Local Planning Commission Has Jurisdiction Over Its Proposed Tower Adjacent property owner maintains the Public Service Commission instead has jurisdiction Citation: Kentucky Public Service Com'n v. Shadoan, 2010 WL 4679513 (Ky. 2010) KENTUCKY (11/18/10) —This case involves the construction of a Ken- tucky statute governing the siting of cellular antenna towers to determine whether jurisdiction over matters relating to cellular tower placement and construction rest with the local planning unit or the Kentucky Public Service Commission (an administrative body that regulates utilities in Kentucky). The Background/Facts: In September 2005, Bluegrass Wireless filed with the Kentucky Public Service Commission (the "PSC ") an application to secure a certificate of public convenience and necessity for the construc- tion of a proposed cellular tower on certain property in a Kentucky city. Adjacent property owners Glenn and Sue Shadoan sought to inter- vene in the application process. The PSC granted their request. Thereaf- ter, however, Bluegrass Wireless asked the PSC to dismiss the application © 2011 Thomson Reuters 9