Quest Land Development Group, LLC v. Zoning Hearing Board of Lower Heidelberg Township

In Quest Land Development Group, LLC v. Zoning Hearing Board of Lower Heidelberg Township, 594 Pa. 2, 934 A.2d 686 (2007), the Supreme Court granted Appellants leave to amend their petition for allowance of appeal. The Supreme Court then remanded the case to this Court for remand to the trial court. The trial court was given instructions to consider whether the case should be reopened on the basis of after-discovered evidence. The Court affirmed the order of the trial court. The Court noted that Appellants had the burden of establishing that they met the criteria for a special exception, as specified in the zoning ordinances in question. The Court also noted that the three zoning ordinances at issue all required that public or community sewer facilities be provided. The Court then determined that Appellants failed to establish that a public or community sewer system could be provided. As such, the Court concluded that Appellants were not entitled to the grant of a special exception.