Mel Blount Youth Home of Pennsylvania, Inc. v. Buffalo Township

639 A.2d 1282, 162 Pa. Commw. 703, 1994 Pa. Commw. LEXIS 146
CourtCommonwealth Court of Pennsylvania
DecidedMarch 29, 1994
StatusPublished

This text of 639 A.2d 1282 (Mel Blount Youth Home of Pennsylvania, Inc. v. Buffalo Township) 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
Mel Blount Youth Home of Pennsylvania, Inc. v. Buffalo Township, 639 A.2d 1282, 162 Pa. Commw. 703, 1994 Pa. Commw. LEXIS 146 (Pa. Ct. App. 1994).

Opinion

KELTON, Senior Judge.

Mel Blount Youth Home of Pennsylvania (Youth Home) appeals from the June 8,1993 order of the Court of Common Pleas of Washington County (trial court) affirming the Buffalo Township Board of Supervisors’ (Board’s) (1) denial of an amendment to a conditional use permit to increase the maximum age of juveniles housed at the Youth Home from 7-13 to 7-17 years of age; and (2) dismissal of the Youth Home’s appeal.

Issues

There are two issues before us for review. The first issue is whether the trial court erred in finding that the Youth Home’s appeal of the denial of the age increase amendment to the original conditional use permit was timely, and not merely an untimely appeal to the original conditional use permit. The second issue is whether the trial court erred in determining that the Board properly considered age as a factor in denying an amendment to a conditional use permit.

Background

On September 15, 1990, Mel Blount purchased 250 acres in Buffalo Township in order to run a group home for troubled youths. Prior to the purchase, the Youth Home applied for a conditional use permit pursuant to Section 802.7.1 of the Township’s zoning ordinances.1 On September 20, 1989, the Township approved the application.

In the permit approval itself, the Township outlined the restrictions on the Youth Home’s conditional use. In paragraphs 8 and 10, the Township stated that the maximum number of occupants could be 20, the maximum number of buildings could be 3 and the minimum to maximum ages of the occupants could be from 7-13 years of age. (R.R. 24.)

On September 10, 1992, the Youth Home made an application to amend the permit to increase the number of residents to 24 and the maximum age of residents to 17 years. On December 10, 1992, the Township granted the Youth Home’s application as to the [1284]*1284increase in the number of occupants, but denied its request to increase the age restriction.

The Board denied the application to increase the age restriction for the following reasons:

a) The home failed to take an appeal of the original grant of the conditional use permit of September 20, 1989.
b) The home has requested that the age be increased to a maximum of seventeen (17) with assurance that children at the age of eighteen (18) can no longer be kept or controlled by the home. This is not true. The Court exercises jurisdiction over all juvenile and dependent children until age twenty-one (21) if necessary.
c) The testimony presented reaffirmed that the home provides only a six (6) to eighteen (18) month program.
d) The home is currently filled with youth who are fourteen (14) years of age or younger.
e) The home is currently in violation of the conditional use permit by allowing two youths over the age of fourteen (14) to remain.

(R.R. 109-10.)

On December 15, 1992, the Youth Home appealed the Board’s denial to the trial court. The trial court found that the Youth Home’s failure to appeal the original conditional use permit did not preclude it indefinitely from challenging the terms of the permit. Thus, the court concluded that the Youth Home made a timely appeal of the Board’s denial of its requested amendment and not, as argued by the Township, an untimely appeal of the terms of the original conditional use permit.

On the merits, the trial court affirmed the Board’s denial, finding that, although age is not an enumerated criterion to be considered under the Township’s conditional use ordinance, the court cannot find that age should not be a factor to be considered as part of the decision making process. The court noted that the ordinance should be liberally construed pursuant to Section 1928 of the Statutory Construction Act of 1972,1 Pa.C.S. § 1928.

In addition, the trial court noted that age was obviously a criterion considered by the Board at the time it granted the conditional use permit. See Paragraph 10 of the Conditional Use Approval, R.R. 24. Further, the court in a footnote noted “the potentially detrimental effects of mingling troubled children from ages 7 to 17,” the latter of whom “are more adult, physically and emotionally (street wise).” Trial Court’s Opinion at 8.

1. Timeliness of the Youth Home’s Appeal

The Township argues that, because the Youth Home did not take an appeal from the original September 20, 1989 granting of the conditional use permit, its December 15, 1992 appeal of the denial of the amendment was not timely. The Township contends that, merely because it entertained the Youth Home’s application to amend the conditional use permit and granted it in part, the Youth Home is not now free to challenge the balance of the conditions set forth in the permit.

The Township cites Babin v. City of Lancaster, 89 Pa.Commonwealth Ct. 527, 493 A.2d 141 (1985) in support of its argument. In that case, the Zoning Hearing Board of Lancaster granted the Babins a special exception for operating a health club. An express condition of the special exception was that the club was not to be what amounted to a massage parlor. The trial court found that the Babins were operating a massage parlor in violation of the terms of the December 1, 1980 special exception, that they never objected to that condition and that, consequently, they waived any right to object years later.

We agreed and noted that Section 1001 of the Pennsylvania Municipalities Planning Code (MPC),2 sets forth the exclusive method of challenging any municipality ordinance, decision, determination or order adopted or issued pursuant to the MPC. We also noted that Section 1006 of the MPC, 53 P.S. § 11006, contains the thirty-day limitation for appealing a municipality’s action.

[1285]*1285Thus, we held that the Babins “effectively waived their right to challenge the validity of the conditions attached to the grant of their special exception as a result of their failure to appeal the Board’s order as specified by the [MPC].” Id., 89 Pa. Commonwealth Ct. at 536, 493 A.2d at 145-46.

In the case before us, however, the Youth Home is not objecting to the original conditions of the conditional use permit; it is merely seeking an expansion of the conditional use pursuant to paragraph 8 of the original conditional use permit, which provides as follows:

8. The maximum number of residents through the age of 13 shall be limited to twenty. The maximum number of lodges or buildings erected for the children’s occupancy shall be three. Any increase in number or residents, number of buildings, or any other expansion of the conditional use shall require an application to the Buffalo Planning Commission and Supervisors for approval of a new conditional use.

(R.R. 24) (Emphasis added).

Prior to the Youth Home’s current September 10, 1992 application to amend the September 20,1989 conditional use permit, it applied for an expansion of the conditional use in order to increase the number of residents at the facility and to add four buildings in which to house them.

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Related

Mason v. Schaefer
189 A.2d 178 (Supreme Court of Pennsylvania, 1963)
East Manchester Township Zoning Hearing Board v. Dallmeyer
609 A.2d 604 (Commonwealth Court of Pennsylvania, 1992)
Bray v. Zoning Board of Adjustment
410 A.2d 909 (Commonwealth Court of Pennsylvania, 1980)
Babin v. City of Lancaster
493 A.2d 141 (Commonwealth Court of Pennsylvania, 1985)

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Bluebook (online)
639 A.2d 1282, 162 Pa. Commw. 703, 1994 Pa. Commw. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mel-blount-youth-home-of-pennsylvania-inc-v-buffalo-township-pacommwct-1994.