The Honorable Ronald C. Nagle, Judge of the Court of Common Pleas of Chester County, recently ruled that a continuing Care Retirement Community, commonly referred to as a "CCRC", is not a legally required and discrete land use that must be specifically permitted under zoning. The Opinion and Order, issued on April 16, 2010 in Altemose v. Charlestown Township, C.C.C.C.P. No. 08-04103, is the latest in over 20 years of land use litigation by the late J. Leon Altemose and his estate against Charlestown Township.

The validity challenge and curative amendment, filed by Altemose against the Board of Supervisors of Charlestown Township in 2006, claimed the Township zoning ordinance did not provide for "senior housing" by failing to pelmit CCRC's in any district. After two years of hearings, the Township denied the challenge by enacting an alternative zoning amendment providing for CCRC's in its newly created Traditional Neighborhood Development "TND" District, but not in the FR zoning district where the Altemose property is located. In upholding the amendment, the Court determined that the Charlestown Township zoning ordinance did not de jure or de facto exclude "senior housing" in the Township even though at the time the challenge was filed, a CCRC use was not specifically permitted by the Township zoning ordinance. Charlestown's zoning ordinance permits "convalescent and nursing homes".

In addition to the exclusionary zoning claims, Judge Nagle addressed other issues raised in the challenge finding that the Township zoning ordinance provided adequate land to accommodate its "fair share" of senior housing in the Township as required under the Supreme Court's Surrick analysis and further that the Township zoning ordinance did not unlawfully discriminate in violation of the Federal Fair Housing Act.

The decision, a pdf of which is attached, was not appealed; therefore it is the law concerning these uses in Chester County.

Please contact our office for further advice or explanation.

Mark P. Thompson
Voice (610) 430-8000
Fax (610) 692-6210
mthompson@chescolaw.com

Vincent M. Pompo
Voice (610) 430-8000
Fax (610) 692-6210
vpompo@chescolaw.com