Date
October 14, 2026
Court or forum
Commonwealth Court of Pennsylvania
State
Pennsylvania
Presiding judge
Patricia A. McCullough
Property type
Industrial
Amount / scale
Dimensional variance and zoning interpretation (no dollar figure)
Parties
Appellant: C&B Development, LLCAppellee: Maxatawny Township Zoning Hearing BoardAppellee: Maxatawny Township Board of SupervisorsAppellee: State System of Higher EducationAppellee: Kutztown University

On October 14, 2026, the Commonwealth Court of Pennsylvania affirmed a Berks County trial court ruling against C&B Development, LLC. The developer wants to build a 709,000-square-foot warehouse and a commercial building on a 75.5-acre tract in Maxatawny Township, near Kutztown University. The Maxatawny Township Zoning Hearing Board ruled that the private road the warehouse needs is a related impervious surface, so the ordinance's 500-foot setback from homes applies to it. The board also refused a dimensional variance, and the appellate panel upheld both rulings.

Why it matters

Warehouse setback and buffer rules usually measure from the building. Under this ruling they can also reach the access drive, and a site whose only frontage runs past homes may be unbuildable for logistics use. The court also held that the hardship a variance requires must come from the land itself. A developer who simply cannot fit the use it prefers on the site has a self-imposed hardship, especially when the district allows other uses. Industrial developers buying land in townships that have adopted warehouse-specific ordinances should test access routes against those buffers before signing a contract.

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C&B Development, LLC is the equitable owner, under a 2022 purchase agreement, of a 75.5-acre tract in Maxatawny Township, Berks County. The site now holds a restaurant, a mobile home park and an airport. The tract is split among three zoning districts: Commercial (C-1), Light Industrial (L-I) and Agricultural Preservation (AP-1). Its only street frontage is on Kutztown Road. The developer planned to clear the site and build a commercial building plus a 709,000-square-foot warehouse on the L-I portion. That portion can be reached only by a new private drive, called Road A in the record, running from Kutztown Road through the commercial district.

Case timeline · 6 entries Latest: October 14, 2026 — Commonwealth Court affirms

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