Proceedings | 2013

Rucci v. Cranberry Twp.

  • Published by:  U.S. App.

Rucci v. Cranberry Twp., 130 Fed. Appx. 572, U.S. App. (2005)

      In this case, Sebastian Rucci and Rucci Development Company, Inc. wanted to develop a multi-family housing development with multiple driveways connecting to a collector road.  Upon Cranberry Township’s denial of Rucci’s proposal, Rucci filed suit alleging violations of the Pennsylvania Constitution and the Pennsylvania Municipal Planning Code.  The court found that the Township would historically not have approved developments with more than one driveway.  The court noted that the Township is maintaining safety standards by limiting the number of driveways on collector roads – a reasonable way to achieve safe roads.  The court abstained from delving further into the case, stating that the matters were for local consideration only and taking the opinion of Schad v. Borough of Mount Ephraim, 452 US 61 – Supreme Court (1981) that “the power of local governments to zone and control land use is undoubtedly broad and its proper exercise is an essential aspect of achieving a satisfactory quality of life in both urban and rural communities.”

Legal Considerations