Pa Northwestern Distributors, Inc. v. Zoning Hearing Board

526 Pa. 186, 584 A.2d 1372 (1991)

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Nature of the Case

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Facts

PA Northwestern Distributors, Inc. (P) opened an adult bookstore. Four days later, the Board of Supervisors of Moon Township passed an ordinance restricting the location and operation of adult commercial enterprises. It gave a ninety-day deadline for compliance under its Amortization terms. P's store violated the ordinance in that it was an adult commercial enterprise and it did not and could not meet the place restrictions set forth in that it was not located within an area designated for adult commercial enterprises. P was notified by the Zoning Officer that it was out of compliance with the ordinance. P claimed that the amortization provision was invalid, and filed an appeal with the Zoning Hearing Board (D). The appeal was limited to challenging the validity of the amortization provision set forth in the ordinance. D ruled against P. P then appealed to the Court of Common Pleas, which dismissed the appeal. The Commonwealth Court affirmed based on the Sullivan case, which held that provisions for the amortization of nonconforming uses are constitutional exercises of police power if they are reasonable. P again appealed.