![]() ![]() The court below did not receive any additional testimony or evidence, and, after argument, it filed an opinion and order in which it found generally the facts stated above.The zoning ordinance in effect when an application for a permit or curative amendment is filed controls the action unless a proposed ordinance is pending at the time of the filing. However, where the court has found the zoning ordinance to be unlawful or unconstitutional, the court has been given the power to determine whether and to what degree the plans and specifications submitted by the landowner may be utilized in the development of the landowner's property. Whether the zoning ordinance should be amended, and, if so, to what extent, is left entirely to the governing body of the municipality. On appeal to the court the curative amendment is no longer at issue. ![]() Under this scheme the court in no way usurps the legislative power of the municipality for, as we noted in Ellick, the court may not order any amendment to the zoning ordinance. If the lower court concludes that the zoning ordinance is unlawful or unconstitutional the court is given broad discretionary power to pass upon the plans and specifications submitted by the landowner with his challenge and curative amendment, and the court may order the municipality to issue a building permit. There is no merit to the other issues raised by the Township since under the provisions of article 10 of the MPC the court below merely determines the legality or constitutionality of the municipality's zoning ordinance and orders specific relief. ![]()
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