PA Northwestern Distributors, Inc. v. Zoning Hearing Board

584 A.2d 1372 (1991)

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PA Northwestern Distributors, Inc. v. Zoning Hearing Board

Pennsylvania Supreme Court
584 A.2d 1372 (1991)

PA Northwestern Distributors, Inc. v. Zoning Hearing Board

Facts

PA Northwestern Distributors (PA Northwestern) (plaintiff) obtained the appropriate permits and certificates and opened an adult bookstore in Moon Township. Four days after the opening, the zoning board (defendant) announced its intention to amend the zoning ordinances to regulate adult commercial enterprises, and less than a month later it passed a new ordinance that prohibited the operation of an adult business enterprise within certain areas. The ordinance also provided that any existing enterprise that conflicted with the new ordinance would be permitted 90 days to bring itself into compliance. PA Northwestern was unable to bring itself into compliance and was cited by the zoning officer. PA Northwestern appealed to the Zoning Hearing Board, challenging the validity of the ordinance’s provision requiring retroactive compliance. The Zoning Hearing Board affirmed the validity of the ordinance as applied. On appeal, the Commonwealth Court affirmed. PA Northwestern appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Larsen, J.)

Concurrence (Nix, C.J.)

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