Commission refers disputed Lot 14 zoning question to solicitor; rezoning deferred

The Murrysville Planning Commission on Sept. 9 voted to forward Z‑2‑25 — a request by Murrysville Enterprises to rezone roughly three acres along Hills Church Road from Public Lands (PL) to R‑2 medium density residential — to the borough solicitor and council for a legal opinion and further action.

Background and dispute The parcel in question (referred to in testimony as Lot 14, Fairfield plan area) has long been shown on planning and parks commission documents as intended for green or open space. Planning staff told the commission they were unable to find any deed of dedication, ordinance, or recorded instrument that would have conveyed the parcel to the borough or converted it from privately owned land to dedicated public land.

The owner, Ron Weaver of Murrysville Enterprises, said his company holds title and has been paying property taxes on the parcel since its original purchase; he told the commission the company wants to sell the remainder parcel but cannot do so while it remains zoned PL. Weaver said the parcel was part of earlier subdivisions and that ownership traces to the original purchase and subsequent business transfers.

Why it matters: The question raises a legal and administrative issue about whether a parcel shown as public/open space in plan minutes and commission discussions was ever legally dedicated or conveyed to the borough. If the property was intended to be dedicated but that dedication was never completed, the ownership, taxation and allowable uses could be affected and might require equitable settlement, formal acceptance, or litigation to resolve.

Commission discussion and next steps Commissioners reviewed historical minutes and parcel records and found no recorded deed or ordinance effecting a dedication. The commission noted the matter likely exceeds its administrative authority and should be resolved by the borough solicitor and council; one commissioner said the solicitor’s opinion is the last outstanding item for settling an estate tied to the property. The commission approved a motion to forward the matter to solicitor and council for legal review and to defer any public hearing on rezoning until the solicitor’s guidance is received.

No rezoning action taken No rezoning was adopted at the Sept. 9 meeting. Commissioners emphasized that a future public hearing and the required 30‑day advertising period would be necessary if council elected to proceed with any rezoning or legislative action. Staff and the owner were directed to provide any relevant historical minutes or document references to the solicitor to assist the legal review.