Valley Brook Land Development Co. v. East Whiteland Township
Valley Brook Land Development Co. v. East Whiteland Township
Opinion of the Court
Opinion by
Valley Brook Land Development Company (Appellant) has appealed from an order of the Court of Common Pleas of Chester County which affirmed a denial of Appellant’s challenge to the validity of the zoning ordinance of East Whiteland Township. We affirm.
Appellant is the equitable owner of a tract of land comprising approximately 21 acres in East Whiteland Township. The land is presently zoned ‘ ‘B-l ’ ’, a residential district which permits single-family detached dwellings. Appellant proposes to construct what is variously characterized in the record as “two-family, semi-detached dwellings”, “twin duplexes”, “quadruplexes” or “Maisonettes”. As proposed, each four unit building would consist of two stories with two dwelling units on each floor. The units would have separate entrances with a party wall dividing the building vertically into two duplexes. Appellant pro
Appellant filed a petition for a curative amendment with the Board of Supervisors of East White-land Township (Board)
Order
The order of the Court of Common Pleas of Chester County, dated September 18, 1981, is hereby affirmed.
See Sections 609.1 and 1004(1) (b) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, PA. 805, as amended, 53 P.S. §§10609.1 and 11004(1) (b).
Since we agree with the conclusion that Appellant’s proposed use is not excluded from the ordinance, we need not determine whether the “Maisonette” is a discrete and recognized form of housing. We, accordingly, offer no opinion as to the effect of our recent decision in Kaufman & Broad, Inc. v. West Whiteland Township, 65 Pa. Commonwealth Ct. 469, 442 A.2d 1220 (1982) (a “fourplex” with common walls connected side to side and back to back is a subset of the generic term “townhouse”) might have on this issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.