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Title: PENNSYLVANIA SUPREME COURT DECIDES ORDINANCE PROVISION PERMITTING ONLY MOTELS TO ADVERTISE ALONG TURNPIKE WAS DISCRIMINATORY AND ENTIRE ORDINANCE PROHIBITING ALL OFF-SITE ADVERTISING IN THE TOWNSHIP WAS INVALID
Accession Number: 00238614
Record Type: Component
Abstract: A SIGN REGULATIONS ORDINANCE ADOPTED IN SEPTEMBER, 1959, BY UPPER MORELAND TOWNSHIP MADE IT UNLAWFUL TO ERECT A SIGN IN THE TOWNSHIP, WITHOUT GETTING A PERMIT AND PAYING A FEE, EXCEPT TO ADVERTISE THAT WHICH IS HANDLED, SOLD, OR MANUFACTURED ON THE PREMISES. IN 1962, AN AMENDMENT MADE IT POSSIBLE FOR MOTELS LOCATED WITHIN THE TOWNSHIP TO ADVERTISE ALSO. BY SPECIAL EXCEPTION THEY WERE PERMITTED TWO SIGNS WHICH WERE RESTRICTED TO THE INDUSTRIAL AREA ALONG THE PENNSYLVANIA TURNPIKE. AFTER ZONING BOARD OF ADJUSTMENT AND THE TRIAL COURT DENIED THIS SPECIAL EXCEPTION TO A CORPORATION WHICH OPERATED A MOTEL, THE CORPORATION APPEALED TO THE SUPREME COURT WHO RULED THE SECTION OF THE SIGN ORDINANCE INVALID. THEY STATED THAT THE SECTION DISCRIMINATED AGAINST BUSINESSES OTHER THAN MOTELS AND PROVIDED UNLIMITED DELEGATION OF POWER TO A QUASI JUDICIAL BODY. THE ORDINANCE DID NOT ATTEMPT TO REGULATE BUT TO PROHIBIT AND, THEREFORE, THE TRIAL COURT'S ORDER TO DENY PERMISSION TO ERECT THE SIGNS WAS REVERSED. (NORATE CORP. V. ZONING BOARD OF ADJUSTMENT, 207 A.2D 890, MARCH 1965)
Supplemental Notes: No 16, pp 5-6. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Publication Date: 1966-2
Serial: Media Type: Digital/other
TRT Terms: Subject Areas: Finance; Highways; Law; Safety and Human Factors; Terminals and Facilities
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
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