![]() Through the creation of plans, programs and policies, the Planning and Zoning Department ensures the community’s vision for a bright future is realized. The department collaborates with staff in other departments, other units of government, elected officials, board members and community members, to implement these goals. The township zoning code allows a signage area of up to 50 square feet for the spot. The Haverford Township Zoning Hearing Board was scheduled to hear the variance request Jan. Thus, the court held that the trial court did not err in granting Landowners’ Motion upon determining that the Settlement Agreement was an enforceable contract.The Planning and Zoning Department is dedicated to improving the quality of life for all residents, and creating an environment that welcomes visitors and fosters new investment. Amazon Retail LLC has filed an appeal with the Haverford Township Zoning Hearing Board to get a variance for a wall sign at that location. (Patullo) appeals from an order of the Court of Common Pleas of Delaware County which affirmed the decision of the Zoning Hearing Board of Middletown Township (Board) denying his application for a special exception and a variance. Accordingly, the Township Solicitor did not act on its own by entering the Settlement Agreement, but was authorized by its client to do so. Zoning Hearing Bd., 701 A.2d 295, see flags on bad law. In an email dated October 10, 2018, Solicitor stated, “The Commissioners approved the settlement last night.” Furthermore, in a separate email dated December 12, 2018, the Township Solicitor confirmed that the Commissioners had agreed to the language of the Settlement Agreement. Nevertheless, due to the protracted history of the case, Township Solicitor’s representations to opposing counsel and the trial court regarding the status of the settlement, and Landowners’ good faith reliance on the settlement, the court held that the trial court did not abuse its discretion by enforcing the Settlement Agreement.ĭespite the Township’s argument that Township Solicitor was not authorized to bind the Township to the agreement, the court found this argument was belied by the facts. While the Commissioners could privately consult with their attorney regarding the strategy to settle pending litigation during executive session, the Commissioners were required to take official action on the settlement at an open meeting, which never occurred. ![]() On appeal, the Township argued that the trial court erred by concluding that its Board of Commissioners entered an enforceable settlement agreement without an official vote at a public meeting as required under the Sunshine Act.Īt the outset, the court noted that a court’s decision to invalidate an agency’s action for violation of the Sunshine Act was discretionary, rather than obligatory. Zoning Hearing Board of Haverford, 755 A. In this case, Haverford Township appealed from an order of the Court of Common Pleas of Delaware County granting Landowners’ Motion to Enforce Settlement Agreement. Zoning Hearing Board of Haverford, 755 A.2d 732, see flags on bad law, and search Casetext’s comprehensive legal database Money v. Landowners alleged that, in 2018, they and the Township engaged in settlement discussions to resolve the five outstanding land use appeals. Landowners Scott and Joan Baribault filed five separate land use appeals against the Haverford Township Zoning Hearing Board (“ZHB”) in the trial court in connection with their rental properties located in Haverford Township. ![]() This post was authored by Matthew Loescher, Esq.
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