In re Appeal by Mark-Garner Associates, Inc

In In re Appeal by Mark-Garner Associates, Inc., 50 Pa. Commw. 354, 413 A.2d 1142 (Pa. Cmwlth. 1980), the municipality amended the zoning ordinance to restrict density after the landowner obtained final approval of a condominium development and had already built some units under the density ordinance in effect at the time the development was approved. Three years later, the owner wanted to build additional units which would violate the current density ordinance. The Court observed that the landowner failed to obtain permits for future units to be built and thus, the landowner did not have a vested right to issuance of additional permits for development.