Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Detwiler v. Zoning Hearing Board

Commonwealth Court of Pennsylvania
596 A.2d 1156 (1991)


 

Facts

Donald and Mary Miller had long owned an odd-shaped lot, in an area zoned for residential use, on which they grew hay and kept some animals. The lot was across the street from a historic house owned by Philip and Babette Detwiler (plaintiffs). The Millers wanted to build a house on their own lot, but the township's rear setback line requirement uniquely reduced the odd-shaped lot's buildable footprint. The Millers applied to the Zoning Hearing Board of Lower Salford Township, Pennsylvania (defendant), for a variance reducing the rear setback line from 75 to 40 feet. The Detwilers opposed the application, in part on the grounds that a variance would reduce the value of their historic house as a community asset. The board found that (1) without a variance, it would be impossible for the Millers to build their house and (2) that the variance would have no discernible negative impact on neighboring properties. When the board granted the variance, the Detwilers sued. The Court of Common Pleas of Montgomery County affirmed the board's decision, and the Detwilers appealed to the Commonwealth Court of Pennsylvania.

Rule of Law

Issue

Holding and Reasoning (Barbieri, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 488,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 488,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial