Rice Family Trust v. City of St. Marys

51 A.3d 913, 2012 WL 3871318, 2012 Pa. Commw. LEXIS 265
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 7, 2012
StatusPublished
Cited by6 cases

This text of 51 A.3d 913 (Rice Family Trust v. City of St. Marys) 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
Rice Family Trust v. City of St. Marys, 51 A.3d 913, 2012 WL 3871318, 2012 Pa. Commw. LEXIS 265 (Pa. Ct. App. 2012).

Opinion

OPINION BY

Judge LEAVITT.

The Rice Family Trust (Trust) appeals an order of the Court of Common Pleas of the 59th Judicial District (Elk County Branch) (trial court) denying its land use appeal. The Trust argues that the trial court erred in denying its request for a curative amendment to the City of St. Marys’ Zoning Ordinance,1 which the [915]*915Trust needs to use its property for office and apartment units. For the reasons that follow, we affirm.

The Trust’s property (Property) is located at 188 Center Street in St. Marys. The Property consists of a large house, approximately 6,000 square feet in size, and an apartment above a detached garage. The house was originally built as a single-family home but was later converted into several apartment units and an office. The apartments could be configured into three or four units, depending on the preference of the renters.

In April 2010, the Trust purchased the Property in a mortgage foreclosure proceeding to protect its position as a third mortgage lienholder. Prior to its acquisition by the Trust, the Property had undergone a series of different uses, and the applicable zoning ordinances had been revised. The relevant history of those changes follows.

As of 1983, a chiropractor owned the Property, where he lived with his family and operated his chiropractic practice. The 1977 Zoning Ordinance permitted homeowners to set up a home medical office but no other kind of home professional office.2 In 1983, Floyd Howell purchased the Property to use as his principal residence and an office for his public accounting firm, which had its main office elsewhere in St. Marys. The 1977 Zoning Ordinance did not permit Howell’s public accounting office use.

In 1995, the newly-formed City of St. Marys enacted a new zoning ordinance, which placed the Property in the Residential Urban District. In that district single-family homes and duplexes were permitted but apartment buildings were not; professional offices, such as public accounting offices, were permitted by special exception. Howell continued to use the Property for his public accounting office, albeit without a zoning permit.

In 1996, Howell converted the house into four apartments and office space. From 1996 until 2009, Howell lived in one of the apartments and rented out the others.

In 2006, the City enacted the current Zoning Ordinance (2005 Zoning Ordinance). As did the 1995 Zoning Ordinance, the 2005 Zoning Ordinance limits the Residential Urban District to single-family detached houses and duplexes. It prohibits professional offices. Offices are permitted for properties abutting arterial streets, but the Property is not on an arterial street as defined by the 2005 Zoning Ordinance.

In 2009, Howell relocated the main office of his public accounting firm to the Property. The City denied his application for a zoning permit. He appealed, requesting a variance, and that appeal is currently pending.

After the Trust purchased the Property, it submitted a curative amendment to the St. Marys City Council, seeking to have the Property rezoned from Residential Urban to Central Business. The Central Business District permits, inter alia, municipal services, banks, medical and dental clinics, professional offices, restaurants and taverns, and retail sales. Because City Council did not act upon the amendment, it was deemed denied under Section [916]*916916.1(f)(1) of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10916.1(f)(1).3 The Trust appealed to the trial court, which conducted a hearing.

At that hearing, Howell testified about his knowledge of and experience with residential and commercial properties in the St. Marys area. He is not a licensed real estate broker. Directly across the street from the Property, in the Residential Flexible District,4 is a multilevel apartment building. Next door is an American Legion Club in the Central Business District.5 On the other side of the Property is a residence, and behind the Property is a single-family home. Howell conceded that the house on the Property could be converted into a duplex but that “it would [not] be the best economic [use].” Notes of Testimony, 1/11/11, at 51 (N.T. -); R.R. 62a.

Timothy Rice testified that the Trust sought the curative amendment “to use [the Property] as an economic return as best as [the Trust] can for the real estate market to return.” N.T. 16; R.R. 27a. The Trust wanted to continue to use the house on the Property as an office and four apartments. Rice did not know if it would be economically feasible to rent the house as a single-family home or a duplex because of its large size.

The City called Matthew Pfeufer, a St. Marys zoning officer, to testify. Pfeufer testified that he participated in the adoption of the 2005 Zoning Ordinance. He was responsible for ensuring that the ordinance was properly advertised and that required public hearings were held. He stated that he did not know why professional office uses were excluded from the 2005 Zoning Ordinance.

The trial court denied the Trust’s appeal, holding that the 2005 Zoning Ordinance was not arbitrary or confiscatory and, thus, a curative amendment was not warranted. The trial court found that the Property’s placement in the Residential Urban District was consistent with surrounding uses, which include residences on two sides. The trial court also rejected the Trust’s claims that the historical use of the Property as four apartment units and the changing character of the neighborhood from residential to commercial made the zoning arbitrary or confiscatory. The trial court found that the zoning of the Property was “a natural extension of the Residential-Urban District to the west and north” of the Property. Trial Court Opinion at 5; R.R. 156a. Finally, the trial court rejected the Trust’s argument that the property could not be used in an economically feasible manner in the Residential Urban District. It found the Trust’s evidence on this point unpersuasive because the Trust had not explored alternative uses, such as turning the Property into a rental duplex.

[917]*917On appeal,6 the Trust raises two issues. It argues, first, that the 2005 Zoning Ordinance is arbitrary and unreasonable because it excludes the uses currently and historically conducted on the premises. Second, it argues that the 2005 Zoning Ordinance is confiscatory because it prohibits economically feasible uses for the Property.

In its first issue, the Trust argues that the 2005 Zoning Ordinance is arbitrary and unreasonable with respect to the Property because it ignores the historic use of the Property and the commercial nature of other nearby properties, such as the American Legion Club next door and the apartment building across the street. It notes that Howell used the Property for many years as a public accounting office without objection from neighbors. The Trust further notes that the character of the neighborhood has become increasingly commercial, which belies the 2005 Zoning Ordinance’s stated purpose to “permit a continued development pattern that has evolved in these older existing neighborhoods.” 2005 Zoning Ordinance § 202.1; R.R. 127a.

The City responds that the Trust’s real goal is to maximize the Property’s economic potential, which is not a basis for a curative amendment.

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

Related

L. Palmer v. Susquehanna Twp. ZHB
Commonwealth Court of Pennsylvania, 2025
UMH Properties, Inc. v. Greenwich Twp. Bd. of Supers.
Commonwealth Court of Pennsylvania, 2021
D. DeAngelo & L. DeAngelo v. North Strabane Twp. ZHB
Commonwealth Court of Pennsylvania, 2019
Nowicki v. Zoning Hearing Board
91 A.3d 287 (Commonwealth Court of Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
51 A.3d 913, 2012 WL 3871318, 2012 Pa. Commw. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-family-trust-v-city-of-st-marys-pacommwct-2012.