The Alsace Battery Zoning Case in Pennsylvania is Wrongly Decided

This is a Legal Opinion of Anthony J. Fejfar, B.A., J.D., Phd., Esq., Coif; Member, United States Supreme Court Bar.
The Alsace Battery zoning case in Pennsylvania is wrongly decided. (See, General Battery Corp. vs. Zoning Board of Alsace Township, 371 A.2d 1030 (1977)). In Alsace Battery the Pennsylvania Supreme Court held that all zoning uses allowed for by state law must be included in any zoning plan, and must be allowed in any county zoning scheme. This is patently false. You cannot zone for a nuisance. Thus, you cannot put a battery disposal plant in an agricultural or residential area, particularly, where this plant involves a criminal nuisance. Moreover, the needs of a corporation operating outside of the county are irrelevant to a valid zoning determination. You cannot zone to put a toxic waste dump in residential counties such as Allegheny County. Thus, Alsace Battery is void for violating Public Policy and Substantive Due Process. See generally, Lochner vs. New York 198 U.S. 45 (1905) and NAACP vs. Button, 378 U.S. 415 (1963)(United States Supreme Court Cases).
(C)Perpetual Copyright (2011) by Anthony J. Fejfar, and Anthony J. Faber, and Neothomism, P.C. (PA)