De Facto Takings In Pennsylvania

In the recent case of Cross v. Solebury Township, the Bucks County Court of Common Pleas, in Pennsylvania, dismissed an applicant's claim that the enforcement of the Solebury Township Zoning Ordinance resulted in a "defacto" taking of their property.  By way of brief background, the applicant owned a parcel of approximately 17 acres of undeveloped, wooded land located along River Road in Solebury Township, Bucks County.  The property was located in a residential district, which permitted the use of a property by right for single family homes, but was also located within the Township's flood plain overlay district.

The applicant filed an application for variances from the flood plains restrictions, a wetland buffer requirement and special setback restrictions in order to construct one single family home on the property.  The ZHB denied this relief and such denial was then affirmed by the Court of Common Pleas and the Commonwealth Court.  While the appeals were