Geryville Materials, Inc. v. Lower Milford Twp. Zoning Hearing Bd

In Geryville Materials, Inc. v. Lower Milford Twp. Zoning Hearing Bd., 972 A.2d 136, 144 (Pa. Cmwlth. 2009), the Court stated: In order to reach a presumption that acquiescence has occurred, the Supreme Court indicated, in dicta in Glen-Gery, that the lapse of time of some indefinite amount, coupled with some indication that persons interested in land use in a municipality have obeyed the ordinances purported to have been enacted, would suffice to support a decision electing not to apply the void ab initio doctrine despite evidence of defects in the enactment process. Geryville Materials, Inc., 972 A.2d at 143. Current Pennsylvania law provides: "Where an ordinance is defectively enacted but has been 'on the books'....public notice or acquiescence to the terms of the ordinance could in fact exist so as to preclude application of the doctrine."