Orchard BJK Company, LLC v. Coolbaugh Township Board of Supervisors (Stormwater-Ordinance Challenge to Warehouse Buffer Requirements)

The Commonwealth Court of Pennsylvania on October 15, 2026, affirmed dismissal of a constitutional challenge brought by Orchard BJK Company, LLC and Pocono Mountains Industries, Inc. against Coolbaugh Township's 2023 amendments tripling wetland buffer distances under its stormwater ordinance. The developers sued while their own petition asking the Township's Board to waive the new buffers for a planned warehouse on Lot 2 was still pending before the Board, and the court held the claims were not yet ripe because the Board could still grant the waiver.

Why it matters

The ruling is a reminder to commercial and industrial landowners that courts will treat a constitutional challenge to a zoning or stormwater ordinance as premature when the ordinance itself preserves a waiver or variance mechanism and an application under that mechanism remains pending before the same body being sued. Developers should let a pending administrative waiver request play out, or affirmatively withdraw it, before suing over the underlying rule.

Case timeline · 6 entries Latest: October 15, 2026 — Commonwealth Court of Pennsylvania affirms dismissal as unripe

More zoning & land use matters

• Zecorra Enterprises, LLC v. Redford Township (Commercial Property Tax Valuation Appeal)October 14, 2026 · Ruling Issued
• CRG Acquisition, LLC v. Planning Board of Holliston: Massachusetts Appeals Court Rules 800,000-Square-Foot Warehouse Is Not a Permitted-as-of-Right UseOctober 14, 2026 · Ruling Issued
• C&B Development, LLC v. Maxatawny Township Zoning Hearing Board: Pennsylvania Commonwealth Court Blocks 709,000-SF Warehouse Because Its Only Access Road Falls Inside a 500-Foot Residential BufferOctober 14, 2026 · Ruling Issued
• Schell Road, LLC v. Vanderford: Michigan Appeals Court Lets Township Amend Mining Ordinance Mid-Litigation to Defeat Gravel Mine Permit BidOctober 13, 2026 · Ruling Issued
• Recycled Properties, LLC v. City Council of the City of Chesapeake: Virginia Appeals Court Upholds Denial of Warehouse and Office Site Plan as Expansion of Nonconforming Landfill UseOctober 13, 2026 · Ruling Issued

Other matters in Pennsylvania

• In re 374 Square Feet in the City of Bradford (Appeal of DewBoi Properties, LLC): Pennsylvania Commonwealth Court Enforces $30,000 Condemnation Settlement for Bus Station AlleyOctober 13, 2026 · Ruling Issued
• Hetley Associates v. Lemoyne Borough Zoning Hearing Board: Pennsylvania Commonwealth Court Rejects Strip-Center Owner's Use Variance for Overflow Parking on Adjacent Residential LotsOctober 9, 2026 · Ruling Issued
• MLP Ventures v. Upper Merion Township (Renaissance Park Data Center Denial Appeal)September 16, 2026 · Filed
• Centre Square Receivership Sale Order (1500 Market Street, Philadelphia)August 17, 2026 · Ruling Issued
• Bank Midwest, N.A. v. The Integritty Group (Qdoba Restaurant Portfolio Loan Default)August 6, 2026 · Filed

Recently added

• Zecorra Enterprises, LLC v. Redford Township (Commercial Property Tax Valuation Appeal)October 14, 2026 · Ruling Issued
• CFS Enterprises, Inc. v. CG & J Realty, LLC (Queens Mechanic's Lien Bond Dispute)October 14, 2026 · Ruling Issued
• Rubenstein et al. v. Millrose Properties, Inc.: Investors Sue Lennar Land-Bank Spinoff Over Undisclosed Single-Family Rental BusinessOctober 9, 2026 · Filed
• GSD Contracting, LLC v. All American Builders & Debris Removal, Inc.: Florida Appeals Court Affirms $71,582.98 Retainage After Mold Dispute on Hotel ProjectOctober 14, 2026 · Ruling Issued
• CRG Acquisition, LLC v. Planning Board of Holliston: Massachusetts Appeals Court Rules 800,000-Square-Foot Warehouse Is Not a Permitted-as-of-Right UseOctober 14, 2026 · Ruling Issued

CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.