Township of Middletown v. Middletown Township Zoning Hearing Board

In Township of Middletown v. Middletown Township Zoning Hearing Board, 120 Pa. Commw. 238, 548 A.2d 1297, 1300 (Pa. Cmwlth. 1988), two adjoining lots were owned by different persons when a zoning ordinance was passed rendering each of the two lots too small for building. Thereafter, a single person purchased the two adjoining lots. The Court held that the municipality bore the burden of proving that the new owner had integrated the two nonconforming lots into one parcel. Middletown, 548 A.2d at 1300. The evidence showed that the new owner intended to construct a house on each lot, and to that end had purchased each parcel at a different time and from a different owner. The Court concluded that the municipality did not prove that the new owner had integrated the two lots. Accordingly, the Court held that the two parcels continued to be single and separate lots, notwithstanding their common owner. Id.