Equilibrium Equities, Inc. v. Board of Supervisors

696 A.2d 260, 1997 Pa. Commw. LEXIS 262, 1997 WL 307564
CourtCommonwealth Court of Pennsylvania
DecidedJune 10, 1997
DocketNo. 2379 C.D. 1996
StatusPublished
Cited by1 cases

This text of 696 A.2d 260 (Equilibrium Equities, Inc. v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equilibrium Equities, Inc. v. Board of Supervisors, 696 A.2d 260, 1997 Pa. Commw. LEXIS 262, 1997 WL 307564 (Pa. Ct. App. 1997).

Opinion

COLINS, President Judge.

Equilibrium Equities, Inc. (Equilibrium) appeals from an order of the Court of Common Pleas of Cumberland County (trial court) which affirmed a decision of the Mid-dlesex Township Board of Supervisors (Board) denying Equilibrium’s application for a preliminary land development plan in Mid-dlesex Township (Township) because its proposed use is not permitted in the Township’s Limited Industrial district (LI district).

On October 31, 1995, Equilibrium filed a preliminary land development application, together with a preliminary land development plan, a traffic impact study, a stormwater and drainage calculations report and an environmental impact assessments report to construct a facility on approximately 37 acres of land in the Township’s LI district. The plan proposes the construction of two adjacent buildings — one 300,000 square feet and the other 201,000 square feet. The land abuts properties which are zoned Industrial General (IG district) to the north, LI (LI district) to the west and south and Residential Farm (RF district) to the east. The facility will “store goods, take orders on-line from retailers, mix, recase, label and price customers’ goods, prepare goods to be transported, assemble modular pallets, and in some cases do transporting.” (Board decision at 2.) The facility will have approximately 40 dock doors for tracks spanning the rear with 140-foot deep trailer storage and loading areas. There will be 130 parking spaces in front of the facility. The proposed facility will generate between 600 and 2100 trips daily, 25% of which will be comprised of track traffic. An estimated 100 employees will work at the facility which will operate around the clock.

The Board denied the preliminary land development application finding that the proposed use constituted “tracking terminals, storage facilities and garages” as defined in Section 12.03(B) of the Middlesex Township Zoning Ordinance (Ordinance) which use is only permitted in the IG district. On appeal, the trial court agreed that the proposed use constituted a trucking terminal rather than a warehouse.

The issues in this case are (1) whether Equilibrium’s proposed use constitutes a truck terminal or a warehouse, (2) whether the reasons cited by the Board for denial of the land development plan are legally deficient, (3) whether the Board failed to interpret the terms of the ordinance in a manner favorable to the landowner, and (4) whether the proposed use comports with the LI district requirements.

Where, as here, the trial court has not taken any additional evidence, this court’s review is limited to determining whether the zoning hearing board or board of supervisors committed a manifest abuse of discretion or error of law. South Whitford Associates, Inc. v. Zoning Hearing Board of West Whiteland Township, 157 Pa.Cmwlth. 387, 630 A.2d 903 (1993), petition for allowance of appeal denied, 538 Pa. 652, 647 A.2d 905 (1994).

Under the Ordinance, permitted uses in the LI district include “[warehousing, and wholesaling establishments and storage yards, but not including junk yards.” Section 11.03B. Permitted uses in the IG district include “[tjracking terminals, storage facilities and garages.” Section 12.03B. The terms warehouse, storage and tracking terminal are not defined in the Ordinance. As such, in accordance with Section 2.01 of the Ordinance, those terms “have the meanings given in Webster’s Unabridged Dictionary and shall be interpreted so as to give this ordinance its most reasonable application.”

The terms warehouse, storage and terminal are defined in Webster’s Third New International Dictionary (Unabridged) (1993) as follows:

warehouse ... 1. a structure or room for the storage of merchandise or commodities; a: a wholesale establishment of the service type in which large inventories are carried b: a wholesale establishment oper[262]*262ated by a chain store organization c: a place for the storing of surplus or reserve stocks of merchandise by a retail store d: a public institution for the storing of goods for others.
storage ... 2a: the act of storing or state of being stored ... specif: the safekeeping of goods in a warehouse or other depository (place goods in ...)... c: the holding and housing of goods from the time they are produced until their sale,
terminal ... 6a: either end of a carrier line (as a railroad, trucking or shipping line, or airline) with classifying yards, docks and lighterage facilities, management offices, storage sheds, and freight and passenger stations b: a freight or passenger station that is central to a considerable area or serves as a junction at any point with other lines.

Equilibrium maintains that in accordance with a reasonable application of the above definitions, their proposed structure constitutes a warehouse as it proposes to store goods at the facility for varying lengths of time. We agree.

A use permitted under the Ordinance must be afforded its broadest interpretation so that a landowner may have the benefit of the least restrictive use and enjoyment of his land. JALC Real Estate Corp. v. Zoning Hearing Board of Lower Salford Township, 104 Pa.Cmwlth. 605, 522 A.2d 710 (1987). The use proposed in this case is that of a warehouse. The total size of the proposed facility, approximately 500,000 square feet, is indicative of an intent to store goods. The Board maintains that the use centers on the distribution, handling & processing of goods rather than warehousing. All warehoused goods, however, are necessarily handled, processed and ultimately distributed. Additionally, although trucks may be used to transport the goods to and from the proposed facility, this characterization does not transform the proposed use into a trucking terminal. In fact, only twenty-five percent of all traffic will be attributable to trucks. If this use were indeed a trucking terminal, such a percentage would be significantly greater.

Although D.C. Guelich Explosives Co. v. Zoning Hearing Board of Mifflin Township, 105 Pa.Cmwlth. 232, 523 A.2d 1208 (1987), is procedurally different from the present case, it is supportive of Equilibrium’s characterization that its proposed use is a warehouse. In Guelich, the applicant sought to construct a facility for the distribution of explosives on land located partially in a residential conservation district and partially in a residential agricultural district. Guelich applied for a variance or special exception and simultaneously challenged the validity of the zoning ordinance alleging that it was exclusionary because it banned its proposed use. The zoning hearing board denied the request for a variance or special exception and dismissed the challenge to the ordinance. The trial court, on appeal, determined that the ordinance was exclusionary, and thus unconstitutional, because the proposed use was not permitted in any of the districts. This Court reversed holding that the ordinance was not unconstitutional as Geulich’s proposed use was permitted in the industrial district.

The original description given by Guelich in its application of the use requested “was for ‘[distribution of explosives.’” Id. at 1210.

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696 A.2d 260, 1997 Pa. Commw. LEXIS 262, 1997 WL 307564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equilibrium-equities-inc-v-board-of-supervisors-pacommwct-1997.