On November 29, 2012, the Commonwealth Court in a 45-page opinion affirmed the decision of the West Whiteland Township Board of Supervisors in what was recognized by the Court as a “factually complex land use appeal”, denying a “curative amendment” challenging that the Township had unlawfully excluded mobile homes from the Township. The applicant, Glen Loch Two Associates, owner of a 58-acre property approved for 600,000 square feet of office space, also alleged that the Township had not provided its “fair share” of mobile homes, and sought approval of a curative amendment to allow for the development of 199 mobile homes on the property. The Court also dismissed Glen Loch’s assertion that the lower court judge, the Honorable Robert J. Shenkin should have recused himself from hearing the case since he was a former West Whiteland supervisor.

Vincent M. Pompo, Chairman of Lamb McErlane’s municipal law department, represented the Board of Supervisors during the curative amendment hearings. As noted by the Court, the Board’s extensive 50 page decision denying the curative amendment, contained 179 findings of fact, all affirmed by the Court. Mr. Pompo was assisted by municipal department partner Mark Thompson and associate Lauren Milks at the hearings stage, and by appellate department partner Scot Withers during the appellate stage. Mr. Pompo argued the case before Commonwealth Court.

According to Pompo, “this case and its result demonstrate the depth of Lamb McErlane in complex land use and appellate law matters.”  A copy of the decision is attached.