Thursday, June 28, 2012

Commonwealth Court: Judge Simpson Explains Special Exceptions

Writing for a three-judge panel of the Commonwealth Court, former Northampton County Judge Robert Simpson has clarified the law regarding special exceptions. This was the legal issue in the Abe Atiyeh appeal for a voluntary inpatient rehab next to Bethlehem Catholic High School.

This case involved a student housing facility for 8 Bloomsburg University pupils. A small army of objectors was opposed, but failed to produce evidence that there would be adverse impacts not generally demonstrated by this type of use.

6 comments:

Lighthouse said...

Interesting read.

Anonymous said...

Bernie:

Thanks for bringing this to my attention. I am always interested in how to defend a neighborhood against special exceptions, which Mickey K says are never special, and never exceptions. This does shed some light on how to defend against them, although defending against them is an up hill battle.

Al

Bernie O'Hare said...

Al, Judge Simpson said it in his opinion, too.

Anonymous said...

Where is the "law is the law" guy when you need him?

MKT

Anonymous said...

Bernie, Judge Simpson must have heard it from Mickey K! This case certainly points out that a Special Exception is a cake walk. - Al

Anonymous said...

I wish I could take credit for that Al. I am predated by about 50 years of case law.

MKT