A Decade of Assault on Hertzberg: Is It Time For a Sequel?

Jerald M. Goodman, partner in the Real Estate Practice Group, and Joshua M. Kaplowitz, associate in the Environmental and Commercial Litigation Practice Groups, discuss in the November 10, 2008 Real Estate supplement to The Legal Intelligencer the Pennsylvania Supreme Court decision in Hertzberg v. Zoning Board of Adjustment of Pittsburgh. Hertzberg established a new flexible standard for the consideration of dimensional variances cases in the state.  Jerald and Josh argue that it may be time to revisit Hertzberg to establish its continued feasibility.