Surrick v. Zoning Hearing Board’s Empirical Analysis

Citation profile

25 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When seeking a variance, an applicant must prove ‘(a) that the effect of the zoning ordinance is to burden his property with an unnecessary hardship which is unique to his particular property; and (b) that the variance would not have an adverse effect upon the public health, safety or welfare. ’ Sposato v. Radnor Township Board of Adjustment, 440 Pa. 107, 109-110 , 270 A.2d 616, 617 (1970). ‘A variance should be granted only in exceptional circumstances and the burden of proving its need is a heavy one. ’ The Boulevard Land Corporation v. Zoning Board of Adjustment, 8 Pa. Commonwealth Ct. 584, 586 , 303 A.2d 234, 235 (1973). An unnecessary hardship can be established: ‘(1) by a showing that the physical characteristics of the property were such that it could not in any case be used for the permitted purpose or that the physical characteristics were such that it could only be arranged for such purpose at prohibitive expense ... or (2) by proving that the characteristics of the area were such that the lot has either no value or only a distress value for any purpose permitted by the zoning ordinance . . . .’ Philadelphia v. Earl Scheib Realty Corp., 8 Pa. Commonwealth Ct. 11, 17 , 301 A.2d 423, 426 (1973). ‘Mere economic hardship will not support the grant of a variance ... except where the zoning regulations complained of render the complainant’s property practically valueless.’ Colonial Park for Mobile Homes, Inc. v. Zoning Hearing Board, 5 Pa. Commonwealth Ct. 594, 599 , 290 ”

   1 later decision quote this exact passage
   e.g. In re Appeal of Donofrio