Ethan-Michael Inc. v. Board of Supervisors of Union Township

3 Pa. D. & C.5th 79, 2006 Pa. Dist. & Cnty. Dec. LEXIS 561
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJuly 2, 2006
Docketno. 1048 CD 2006
StatusPublished

This text of 3 Pa. D. & C.5th 79 (Ethan-Michael Inc. v. Board of Supervisors of Union Township) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ethan-Michael Inc. v. Board of Supervisors of Union Township, 3 Pa. D. & C.5th 79, 2006 Pa. Dist. & Cnty. Dec. LEXIS 561 (Pa. Super. Ct. 2006).

Opinion

LIEBERMAN, J,

This matter came before the court on Ethan-Michael Inc.’s (EMI) appeal of the January 23,2006 decision issued by the Honorable Edward N. Cahn (hearing officer), former Chief Judge of the United States District Court for the Eastern District of Pennsylvania. Judge Cahn was appointed hearing officer to render a decision in place of the Union Township Zoning Hearing Board pursuant to the Municipalities Planning Code, 53 P.S. §10908(2). Hearing Officer Cahn’s decision granted in part and denied in part the appellant’s substantive validity challenge and curative amendment. On May 4,2006, after briefs were submitted and argument held, this court found that the findings of fact, conclusions of law, and decision of the hearing officer were supported by the record and issued an order denying the appeal. The appellant has now appealed this court’s order upholding Hearing Officer Cahn’s decision.

After receiving a notice of appeal, this court directed appellant to file a Pa.R.A.P. 1925(b) concise statement of matters complained of on appeal. In response, the appellant filed a document raising three issues complained of on appeal, which runs six pages in length. The appellant’s statement of matters complained of on appeal rehashes the issues originally presented to this court, and [81]*81for the most part, does not frame the issues complained of in a way for this court to meaningfully address them.

Of the three issues the appellant presents, two are vague and overbroad, and the argument the appellant included does little to focus the issues to a point where this court can meaningfully address them. The Pennsylvania Superior Court has held that “a concise statement which is too vague to allow the court to identify the issues raised on appeal is the functional equivalent of no concise statement at all.” Commonwealth v. Lemon, 804 A.2d 34, 37 (Pa. Super. 2002). Furthermore, atrial court may not frame issues for an appellant by guessing or anticipating what issues should be raised on appeal. Commonwealth v. Pettus, 860 A.2d 162, 164 (Pa. Super. 2004). The appellant has failed to frame the first and third allegations of error in a way that would enable this court to meaningfully address the claims, and it is this court’s opinion that these claims should be denied.

STANDARD OF REVIEW

Counsel for the appellant never stated what this court’s standard of review is in this matter. When a trial court does not conduct a hearing or receive additional evidence, the standard of review of an initial decision by a zoning hearing board1 is limited to whether the board abused its discretion or committed an error of law and whether its necessary findings are supported by substantial evidence. Citizens for Responsible Development v. Windsor Township Zoning Hearing Board, 70 D.&C.4th 427, 429 (York [82]*82Cty. 2004) citing Rushford v. Zoning Board of Adjustment of Pittsburgh, 81 Pa. Commw. 274, 278, 473 A.2d 719, 722 (1984). Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 555, 462 A.2d 637, 640 (1983).

Further, a zoning hearing board’s interpretation of an ordinance is entitled to great weight and deference from a reviewing court. Smith v. Zoning Hearing Board of Huntingdon Borough, 734 A.2d 55, 57 (Pa. Commw. 1999). Upon reviewing a decision of a zoning hearing board, a court may not substitute its judgment for that of the board; and, assuming the record demonstrates substantial evidence, the court is bound by the board’s findings which result from resolutions of credibility and the weighing of evidence rather than a capricious disregard for the evidence. Zoning Hearing Board of Sadsbury Township v. Board of Supervisors of Sadsbury Township, 804 A.2d 1274, 1278 (Pa. Commw. 2002).

ISSUES COMPLAINED OF ON APPEAL

The AP Zoning District Regulations Are Invalid Because They Are Unduly Burdensome and Fail To Support the Stated Purpose of the Zoning District

This statement is broad, does not indicate where the appellant alleges an error occurred, and suggests only that the appellant is not happy with the decision. In the argument provided for this matter, the appellant appears to raise three separate issues, but these issues do little to clarify the appellant’s position. As stated above, this court is not required to guess or anticipate the appellant’s [83]*83meaning concerning an issue raised. Commonwealth v. Pettus at 164. This court has to guess what the appellant’s intent is concerning this matter complained of on appeal due to the fact that the issue is broad, and the argument provided raises separate issues which are inconsistent with each other. This court is thus prevented from meaningfully addressing the issue, and respectfully requests that this claim should be denied.

Should it be determined that the issue presented is sufficient to provide this court with an opportunity to meaningfully address this issue, this court believes the error appellant is alleging was in ruling that the zoning ordinance regulations support the purpose of the ordinance. This court found that the hearing officer made no error of law concerning this issue.

The purpose of the Agricultural Preservation District is stated in section 401.1 of the zoning ordinance. This section states that:

“The presence of active and productive agricultural land is a major land resource for any municipality. Union Township has a significant supply of this valuable resource. The purpose of the AP district is to preserve the active and productive agricultural lands that are present within the township. Residential land development should be limited within the AP district in order to preserve large contiguous tracts of agricultural land area within the township. The goals, objectives and planning policies of agricultural preservation are further outlined within the Union Township Comprehensive Plan Update (1994).”

The preservation of agricultural land is a valid purpose for a zoning ordinance, and has been recognized as such by the Pennsylvania courts. See Hopewell Township [84]*84Board of Supervisors v. Golla, 499 Pa. 246, 452 A.2d 1337 (1982). (The preservation of agricultural land is a legitimate government goal, which can be implemented by zoning regulation.)

Under Pennsylvania law, a zoning ordinance is a valid exercise of state police power when it promotes public health, safety or welfare and its regulations are substantially related to the purpose the ordinance purports to serve. Miller & Son Paving Inc. v. Wrightstown Township, 499 Pa.

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Bluebook (online)
3 Pa. D. & C.5th 79, 2006 Pa. Dist. & Cnty. Dec. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ethan-michael-inc-v-board-of-supervisors-of-union-township-pactcomplberks-2006.