Hazleton Area School District v. Zoning Hearing Board

778 A.2d 1205, 566 Pa. 180, 2001 Pa. LEXIS 1819
CourtSupreme Court of Pennsylvania
DecidedAugust 22, 2001
StatusPublished
Cited by35 cases

This text of 778 A.2d 1205 (Hazleton Area School District v. Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hazleton Area School District v. Zoning Hearing Board, 778 A.2d 1205, 566 Pa. 180, 2001 Pa. LEXIS 1819 (Pa. 2001).

Opinion

OPINION

CASTILLE, Justice.

This Court granted allocatur to consider: (1) whether the authority granted to a school district under the Public School Code to allow its facilities to be used for non-school-related activities preempts the powers to provide for the health, safety and general welfare of the community granted to a local zoning hearing board under the Municipalities Planning Code; and (2) whether the zoning board’s use restrictions are merely recommendations, not binding upon the school district.

Appellant Hazelton Area School District (“School District”) is a second class school district located within Hazel Township, Luzerne County. On February 12, 1990, appellee Zoning Hearing Board of Hazel Township (“Board”) granted a special exception to the School District for the construction of a senior high school in an area zoned residential. On February 15, 1993, the Board granted variances and accessory uses for the construction of adjacent athletic fields and tennis courts. In *183 granting the variances, the Board placed certain restrictions on the design of the fields to minimize their impact on the surrounding area, including requiring that no exterior lighting be installed, trees be planted to screen a neighboring property, no lavatory facilities be built, no dugouts and scoreboards be constructed on the ball fields, and the fields not be utilized for football practice.

On April 4, 1994, the School District submitted an application to the Board seeking a waiver of some of the restrictions in the February 15, 1993 variance order. Specifically, the School District sought to add certain amenities to its baseball field, including dugouts, water fountains, a scoreboard and a backstop. At a hearing, neighbors expressed concern with the proposal. In response to these concerns, a School District official stated that the baseball field would only be used for school-related purposes. The Board granted the request on April 25,1994, but limited the use of the baseball field to team practice and interscholastic competition. The order stated: “Upon approved completion of the aforementioned structures and dimensions, it is understood that the baseball field can then be used for practice and interscholastic competition.” 1

Almost two years later, on April 10, 1996, the School District submitted another application to the Board requesting that the April 25, 1994 variance be amended and modified to allow the School District to permit its fields to be used for non-school-related baseball games. The proposal would allow the School Board to rent the field to an unspecified number of organizations for baseball games and practices that could start in the afternoon and continue until dark. 2 Again, certain of the neighbors raised concerns with the proposal. After a *184 public hearing, the Board denied the request. The Board specifically found that residential structures and properties adjacent to the athletic field would be adversely affected by the proposed expanded use. The Board also noted that the School District had failed to submit guidelines to the Board concerning the management of traffic levels, availability of parking spaces and bathroom facilities, and provision of security services at the field.

The School District appealed to the Court of Common Pleas of Luzerne County, maintaining that the Board’s decision was arbitrary, capricious and an abuse of discretion and that the decision improperly preempted the School District’s statutory authority to manage its properties pursuant to the School Code, 24 P.S. § 7-101 et seq. The School District also claimed that the Board’s decision should be deemed merely advisory and not binding on it. The Court of Common Pleas affirmed the order of the Board.

The School District thereafter filed a timely appeal in the Commonwealth Court, which affirmed, reasoning that the legislative powers exclusively vested in the School District were those necessary to meet its educational duties. 720 A.2d 220, 225 (Pa.Cmwlth.1998). Because purely non-school-related activities were involved in the School District’s application, complying with the Board’s limitations did not interfere with the School District’s vested educational responsibilities. 3 Relying on its decision in Skepton v. Borough of Northampton, 87 Pa.Cmwlth. 24, 486 A.2d 1022 (1985), the court further noted that, “[bjecause the School Code has no specific preemptive mandate allowing the use of school property for non- *185 school-related activities, such unrestricted use of school property by [the School District] would frustrate the Township’s zoning scheme designed to promote and protect the health, safety and welfare of Township residents.” 720 A.2d at 225.

On appeal from the Commonwealth Court’s decision, the School District relies upon § 7-775 of the Public School Code, which provides, in pertinent part, that:

The board of school directors of any district may permit the use of its school grounds and buildings for social, recreation, and other proper purposes, under such rules and regulations as the board may adopt. The board shall make such arrangements with any city, borough, or township authorities for the improvement, care, protection, and maintenance of school buildings and grounds for school, park, play, or other recreation purposes, as it may see proper. Any board of school directors may make such arrangements as it may see proper with any officials or individuals for the temporary use of school property for schools, playgrounds, social, recreation, or other proper educational purposes, primaries and elections, and may permit the use of any school building for holding official meetings of the governing authorities of corporate or political], governmental or quasi-governmental bodies, created by authority of any act of Assembly. The use thereof shall not interfere with school programs and shall be subject to reasonable rules and regulations adopted by the board of school directors.
The board of public education or the board of school directors of any school district shall have power and authority to lease any of their respective school buildings or athletic fields to any reputable organization or group of persons for charitable purposes, subject to such charges as the board shall consider proper to reimburse it for any costs resulting from the leasing of such school buildings or athletic fields....

24 Pa.C.S. § 7-775. The School District argues that § 7-775 specifically authorizes it to permit its fields to be used for non-school-related activities and that the legislative grant is “preeminent” as against any conflicting legislation. The School *186

Free access — add to your briefcase to read the full text and ask questions with AI

Related

West Penn Power Co. v. PA PUC
Commonwealth Court of Pennsylvania, 2019
The Delaware Riverkeeper Network v. Sunoco Pipeline, L.P.
179 A.3d 670 (Commonwealth Court of Pennsylvania, 2018)
City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge No. 1
161 A.3d 160 (Supreme Court of Pennsylvania, 2017)
Southeastern Pennsylvania Transportation Authority v. City of Philadelphia
159 A.3d 443 (Supreme Court of Pennsylvania, 2017)
SEPTA v. City of Philadelphia, Aplts.
Supreme Court of Pennsylvania, 2017
In the Interest of: T.B., a Minor
Superior Court of Pennsylvania, 2016
SEPTA v. City of Phila., Aplts.
Supreme Court of Pennsylvania, 2014
In the Interest of S.T.S., Jr.
76 A.3d 24 (Superior Court of Pennsylvania, 2013)
Foreman v. Chester-Upland School District
941 A.2d 108 (Commonwealth Court of Pennsylvania, 2008)
Zager v. Chester Community Charter School
934 A.2d 1227 (Supreme Court of Pennsylvania, 2007)
In the Interest of K.A.P.
916 A.2d 1152 (Superior Court of Pennsylvania, 2007)
In Re KAP
916 A.2d 1152 (Superior Court of Pennsylvania, 2007)
Kassouf v. Township of Scott
883 A.2d 463 (Supreme Court of Pennsylvania, 2005)
Commonwealth ex rel. District Attorney of Blair County
880 A.2d 568 (Supreme Court of Pennsylvania, 2005)
Commonwealth v. Shiffler
879 A.2d 185 (Supreme Court of Pennsylvania, 2005)
Merrell v. Chartiers Valley School District
855 A.2d 713 (Supreme Court of Pennsylvania, 2004)
Gustine Uniontown Associates, Ltd. v. Anthony Crane Rental, Inc.
842 A.2d 334 (Supreme Court of Pennsylvania, 2004)
Burger v. Board of School Directors
839 A.2d 1055 (Supreme Court of Pennsylvania, 2003)
Mitchell v. Zoning Hearing Board of the Borough of Mount Penn
838 A.2d 819 (Commonwealth Court of Pennsylvania, 2003)
Midasco, Inc. v. Pennsylvania Turnpike Commission
813 A.2d 942 (Commonwealth Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
778 A.2d 1205, 566 Pa. 180, 2001 Pa. LEXIS 1819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazleton-area-school-district-v-zoning-hearing-board-pa-2001.