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Monday, July 16, 2018

Zoning Lawsuit Bill Signed By Governor

We previously reported on HB 4711, which had passed both houses last month. That bill proposed to amend the municipal, county, and township zoning statutes to make it clear that the Adjoining Landowner Act does not provide a cause of action to individuals to sue the government to challenge zoning decisions unless the government is the owner of the property subject of the zoning challenge. You can read our previous post here

We wanted to update you to report that the Governor has signed this legislation into law as PA 100-595. The relevant language that was added to the municipal zoning statute is as follows:
Except in relation to municipality-owned property, this Section does not authorize any suit against a municipality or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division.
There are a number of cases that had already held that the Adjoining Landowner Act does not provide a cause of action against the government (except as property owner), and this new law confirms that.

The legislation is effective June 29, 2018.

Post Authored by Julie Tappendorf


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