Tinicum Township v. Jones

In Tinicum Township v. Jones, 723 A.2d 1068 (Pa. Cmwlth. 1998), the landowners in question purchased a lot in 1945 on which they built their home (Lot One). Thereafter, in 1971, the township enacted an ordinance that rendered Lot One undersized. In 1973, the landowners purchased an adjoining lot (Lot Two). The landowners then attempted to sell Lot One and the township brought an action to enjoin the sale, which was granted by the trial court. In granting the injunction, the trial court placed the burden upon the landowners to prove Lots One and Two had not merged. The Court reversed. First, the Court concluded that the burden was not upon the landowners but upon the township. This was because Lot Two had been separately owned when the ordinance was enacted. Second, the township's evidence did not show that the landowners took any steps to merge the two lots. Accordingly, the landowners were able to sell Lot One.