M. Rust Sharp v. Zoning Hearing Board Township Radnor and Villanova University

M. Rust Sharp appeals from the June 4, 1991 order of the court of Common Pleas of Delaware County which affirmed the decision of the Radnor Township Zoning Hearing Board (Board) rejecting his procedural and substantive challenges to the Township Zoning Ordinance No. 90-07 rezoning a tract of land owned by Villanova University from R-1 Residential to Planned Institutional zoning district. The issues raised on appeal are whether Ordinance No. 90-07 is invalid due to procedural defects in its enactment; and whether rezoning of the Universitys land constitutes arbitrary and unreasonable spot zoning. The University argues that no jurisdiction exists in this Court to hear the appeal.