PA NORTHWESTERN DISTRIBUTORS, INC. V. ZONING HEARING BOARD
526 Pa. 186, 584 A.2d 1372 (1991)
NATURE OF THE CASE: This was an appeal from a dismissal of action challenging the
constitutionality of an amortization ordinance.
FACTS: PA Northwestern Distributors, Inc. (P) opened an adult bookstore. Four days later,
the Board of Supervisors of Moon Township passed an ordinance restricting the location and
operation of adult commercial enterprises. It gave a ninety-day deadline for compliance
under its Amortization terms. P's store violated the ordinance in that it was an adult
commercial enterprise and it did not and could not meet the place restrictions set forth in
that it was not located within an area designated for adult commercial enterprises. P was
notified by the Zoning Officer that it was out of compliance with the ordinance. P claimed
that the amortization provision was invalid, and filed an appeal with the Zoning Hearing
Board (D). The appeal was limited to challenging the validity of the amortization provision
set forth in the ordinance. D ruled against P. P then appealed to the Court of Common Pleas,
which dismissed the appeal. The Commonwealth Court affirmed based on the Sullivan case,
which held that provisions for the amortization of nonconforming uses are constitutional
exercises of police power if they are reasonable. P again appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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