Park Home v. City of Williamsport

680 A.2d 835, 545 Pa. 94, 1996 Pa. LEXIS 1454
CourtSupreme Court of Pennsylvania
DecidedJuly 19, 1996
StatusPublished
Cited by12 cases

This text of 680 A.2d 835 (Park Home v. City of Williamsport) 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
Park Home v. City of Williamsport, 680 A.2d 835, 545 Pa. 94, 1996 Pa. LEXIS 1454 (Pa. 1996).

Opinion

OPINION

NIX, Chief Justice.

This is an appeal from the Order of the Commonwealth Court which affirmed the Order of the Court of Common Pleas of Lycoming County. The court of common pleas affirmed the decision of the Williamsport City Council (“Council”) to deny a permit to demolish an historic structure known as The Park Home (“Park Home”). For the reasons that follow, we affirm.

Appellant, the Park Home, is a Pennsylvania, non-profit corporation engaged in the business of maintaining a personal care home for elderly women in Williamsport. Appellant conducts its business in the Park Home, a four story, brick, Victorian building located within Williamsport’s Historic District. On January 21, 1992, Appellant applied to the Williams-port Historical Architectural Review Board (“Board”) for a permit to demolish the Park Home.

On February 3, 1992, the Board unanimously recommended that Council deny the application. Council then referred Appellant’s application to the Historic Preservation Committee of City Council (“Committee”). The Committee conducted seven sessions, including two public meetings and a meeting with the Park Home Board of Directors President, Samuel R. Hoff. Council subsequently held three public meetings at which Appellant’s application for demolition was discussed. On July 16, 1992, Council voted to reject Appellant’s permit request.

Pursuant to Pennsylvania Local Agency Law, 2 Pa.C.S. §§ 551 et seq., Appellant appealed to the Lycoming County Court of Common Pleas. That court issued an Order direct *98 ing Council to render an adjudication containing findings of fact as well as the reasons relied upon in making its decision. A de novo hearing was subsequently held before the trial court, and testimony and evidence were taken on July 7, and July 16, 1993. In an Order dated October 21, 1993, the trial court affirmed Council’s denial of the permit to demolish the Park Home.

On appeal to the Commonwealth Court, Appellant argued: 1) that the application of the Historic District regulations amounted to an unconstitutional taking; 2) that the statute and ordinance authorizing Council’s actions were unconstitutionally void for vagueness; 3) that the Board failed to comply with the mandatory provisions of the ordinance; and 4) that Council’s actions in denying the permit were arbitrary and capricious.

The Commonwealth Court, citing this Court’s decision in United Artists’ Theater Circuit v. City of Philadelphia, 535 Pa. 370, 635 A.2d 612 (1993), rejected the contention that denial of the demolition permit constituted a taking without just compensation. The Park Home v. City of Williamsport, No. 2742 C.D.1993, slip op. at 8-9, 168 Pa.Cmwlth. 698, 650 A.2d 124 (Nov. 23, 1994). As to the remaining issues, the court affirmed on the basis of the trial court’s opinion. Id. at 9.

On appeal before this Court, Appellant raises the same issues that were presented to the Commonwealth Court. It first argues that Council’s denial of its request for a permit to demolish the Park Home amounts to an unconstitutional taking without just compensation. The basis for this assertion is that the building has deteriorated to the point where it is unsafe to continue to be used in its current capacity. As such, Appellant argues that it must either refurbish the existing structure at great expense or sell it at a depressed fair market value due to the historic designation of the building. We disagree.

When a trial court conducts a de novo hearing from a local agency appeal and additional evidence is taken, the scope *99 of review of an appellate court is limited to a determination of whether the court committed an error of law or an abuse of discretion. Tobin v. Radnor Township Bd. of Comm’rs, 142 Pa. Commw. 567, 597 A.2d 1258 (1991). Based on this standard, we find that the trial court properly determined that Council’s refusal to issue a demolition permit did not constitute an unlawful taking.

In City of Pittsburgh, Historic Review Commission v. Weinberg, 544 Pa. 286, 676 A.2d 207 (1996), we recently reexamined the issue of an unlawful taking as it applies to property that has received an historic designation. The property owners in Weinberg sought permission to demolish their house which had been designated an historic structure. This Court held that the city historical commission properly denied permission to demolish the home because the property owners had not shown that they had been “ ‘deprived of any profitable use’ of the[ir] property.” Id. at 297, 676 A.2d at 213 (quoting United Artists’ Theater Circuit v. City of Philadelphia, 535 Pa. 370, 382, 635 A.2d 612, 618 (1993)). This conclusion was based, in part, on the fact that the owners did not demonstrate that it would be impracticable or impossible to sell their property. Id. at 295-297, 676 A.2d at 212.

In the instant case, Board of Directors President, Samuel R. Hoff, testified on cross-examination that the Park Home had not been offered for sale since the time that he was a board member in the late 1980’s. (R.R. at 108a). He further testified that it was board policy that the building not be sold and that it had been publicly stated that the property was not for sale. (R.R. at 108a). These statements clearly indicate that the Board of Directors did not even consider the possibility of selling the property as an alternative to demolition. The trial court and Superior Court were therefore correct in concluding that Appellant did not meet its burden of proving that it has been denied any profitable use of the property. 1

*100 Appellant next argues that the Pennsylvania enabling statute and the Williamsport Historic District Ordinance are unconstitutionally vague. In support of this allegation, Appellant claims that neither the statute nor the ordinance contains specific regulations to which an owner of an historic property can consult for guidance in making decisions concerning the use and development of his property. The lack of definite standards, Appellant asserts, invites “arbitrary and discriminatory acts as well as uneven and unpredictable enforcement.” Brief for Appellant at 39.

The enabling legislation which Appellant cites as unconstitutionally vague is found at 53 Pa.S. § 8004(b) and provides as follows:

Any governing body in determining whether or not to certify to the appropriateness of the ... demolition or razing of a building, in whole or in part, shall consider the effect which the proposed change will have upon the general historic and architectural nature of the district.

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Bluebook (online)
680 A.2d 835, 545 Pa. 94, 1996 Pa. LEXIS 1454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-home-v-city-of-williamsport-pa-1996.