Snyder v. Railroad Borough

430 A.2d 339, 59 Pa. Commw. 385, 1981 Pa. Commw. LEXIS 1458
CourtCommonwealth Court of Pennsylvania
DecidedJune 2, 1981
DocketAppeal, No. 271 C.D. 1980
StatusPublished
Cited by20 cases

This text of 430 A.2d 339 (Snyder v. Railroad Borough) 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
Snyder v. Railroad Borough, 430 A.2d 339, 59 Pa. Commw. 385, 1981 Pa. Commw. LEXIS 1458 (Pa. Ct. App. 1981).

Opinion

Opinion by

Judge Williams, Jr.,

The subject of this appeal is the validity of certain sections of the Railroad Borough Zoning Ordinance, which were challenged by the appellants herein, all of whom are members of the Snyder Family.

Appellants Snyder own a farm of approximately 120 acres in York County; one-third of that farm is situated in Railroad Borough. In April, 1977, the borough added several sections to its zoning ordinance,1 [388]*388under which, about two-thirds of the borough, including that portion in which the Snyder tract is located, was re-zoned either Rural Agricultural or Conservation.

In the Rural Agricultural section, only two dwellings per tract2 are permitted as of right, and neither dwelling may be on a plot of less than one acre. In the Conservation district, the topography of which is primarily steeply sloped or flood plain, only two dwellings per tract are permitted as of right, and each must have a lot containing at least three acres.

Since appellants Snyder would like to have a multifamily and several single family dwellings on the [389]*389farm, they filed a challenge to, and a curative amendment for, the new zoning provisions, under Section 1004 of The Pennsylvania Municipalities Planning Code (MPC), Act of July 31,1968, P.L. 805, as amended, 53 P.S. §11004. At the hearings on the challenge, the Railroad Borough Council granted party status3 to Shrewsbury Township4 over a timely objection by counsel for the Snyders. Shrewsbury then participated in the hearings by its counsel, who also represented the other party protestant, the Railroad Borough Planning Commission.

The Snyders appealed the subsequent Borough Council dismissal of their challenge to the York County Court of Common Pleas, and filed preliminary objections to Shrewsbury’s participation in the proceedings, which the court summarily dismissed. Without taking additional testimony, the court also dismissed the challenge, declaring that the findings of the Borough Council were supported by substantial evidence, and making a finding as to the availability of water and sewer.

I

In their appeal of the lower court decision to this Court, the Snyders have alleged that, because Shrews-bury Township was not a “person aggrieved,” it does not have standing to participate in a zoning challenge [390]*390as a party protestant. This issue has not previously been addressed by our Court.

Cablevision v. Zoning Hearing Board of Easton, 13 Pa. Commonwealth Ct. 232, 320 A.2d 388 (1974), cited by appellants as controlling, is not on point, in that it involves the capacity of the owner of the tract contiguous to that in question, but not within the same municipality, to prosecute an appeal. The case before us differs in that Shrewsbury is not the appellant.

In Cablevision we defined “person aggrieved” as one who has a direct, immediate, pecuniary, and substantial interest in the decision of the zoning board, which interest will be adversely affected by the decision. In Northampton Residents Association v. Northampton Township Board of Supervisors, 14 Pa. Commonwealth Ct. 515, 322 A.2d 787 (1974), we further refined the concept by adding the requirement that a “person aggrieved” be “the owner of property in the community in question or . . . the authorized agent of any such owner.” Id. at 521, 322 A.2d at 791. The Blouch Zoning Ordinance Appeal, 26 Pa. Commonwealth Ct. 147, 362 A.2d 1139 (1976), carved out an exception to those limitations by permitting the borough planning commission party status.5

Both the Railroad Borough Planning Commission and Shrewsbury Township were represented by the same attorney in the hearing before the Borough Council and the appeal to the common pleas court. The record clearly establishes that all evidence was presented on behalf of both parties protestant, and the said evidence accrued to the benefit or detriment [391]*391of both, without distinguishment.6 Under this theory, we do not reach the question of whether error was committed by the participation of Shrewsbury, since even if it could be construed as error, it would be harmless error, having no effect on the outcome of the case.

Neither party discusses this issue in terms of Shrewsbury Township’s fifty percent interest in the sewage facilities plant adjacent to the Snyder property. Although the record is not extremely clear on the matter, it appears that Shrewsbury is a landowner in the Borough, whose interest would be financially affected, since appellant wants to hook his proposed development up to the sewage plant. Shrewsbury would thereby have standing to participate in the case as a party.

II

The appellants ’ second allegation is that the lower court erred in upholding certain specified findings of the Railroad Borough Council. We find that contention to be, for the most part, without merit. Where, as here, the governing body has made findings upon which it has based a dismissal of the challenge, the court of common pleas reviews that decision to ascertain whether the council has abused its discretion or committed an error of law. Robin Corporation v. Board of Supervisors of Lower Paxton Township, 17 Pa. Commonwealth Ct. 386, 332 A.2d 841 (1975). The court must further examine whether the findings made are supported by substantial evidence. MPC Section 1010, 53 P.S. §11010.

We have repeatedly stated that evidence is substantial if a reasonable man, acting .in a reasonable fashion, could have utilized it in arriving at the per[392]*392tinent decision. Acitelli v. Westmont Hilltop School District, 15 Pa. Commonwealth Ct. 214, 325 A.2d 490 (1974) . Furthermore, there is a heavy burden on the landowner to prove the facial invalidity of the challenged borough zoning ordinance, since there is a presumption of constitutionality. Ellick v. Board of Supervisors of Worcester Township, 17 Pa. Commonwealth Ct. 404, 333 A.2d 239 (1975).

It is not within the parameters of the duty or the authority of the court to substitute its interpretation of the evidence for that made by the council. Assuming the record demonstrates the existence of substantial evidence, the court is bound by council findings which are the result of resolutions of credibility and conflicting testimony, rather than the result of a capricious disregard of evidence. Accord, Haverford Township v. Zoning Hearing Board of Haverford Township, 21 Pa. Commonwealth Ct. 207, 344 A.2d 758 (1975) .

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

Related

Joseph v. NORTH WHITEHALL TP. BD. OF SUP'RS
16 A.3d 1209 (Commonwealth Court of Pennsylvania, 2011)
Joseph v. North Whitehall Township Board of Supervisors
16 A.3d 1209 (Commonwealth Court of Pennsylvania, 2011)
4154 Roosevelt Street, LLC v. Whitehall Township Zoning Hearing Bd.
20 Pa. D. & C.5th 100 (Lehigh County Court of Common Pleas, 2010)
Concerned Citizens v. Board of Supervisors
1 Pa. D. & C.5th 429 (Berks County Court of Common Pleas, 2006)
In Re Appeal of Thompson
896 A.2d 659 (Commonwealth Court of Pennsylvania, 2006)
MacIoce v. Zoning Hearing Board
850 A.2d 882 (Commonwealth Court of Pennsylvania, 2004)
Hines Nurseries, Inc. v. Plumstead Township Board of Supervisors
845 A.2d 918 (Commonwealth Court of Pennsylvania, 2004)
Overlook Associates v. Borough Council
10 Pa. D. & C.4th 121 (York County Court of Common Pleas, 1991)
Vanguard Cellular System, Inc. v. Zoning Hearing Board
568 A.2d 703 (Commonwealth Court of Pennsylvania, 1989)
In re Hartley
44 Pa. D. & C.3d 584 (Lancaster County Court of Common Pleas, 1986)
Sultanik v. Board of Supervisors
488 A.2d 1197 (Commonwealth Court of Pennsylvania, 1985)
In re Appeal of deBotton
474 A.2d 706 (Commonwealth Court of Pennsylvania, 1984)
Lantz v. Zoning Hearing Board of South Middleton Township
464 A.2d 672 (Commonwealth Court of Pennsylvania, 1983)
Appeal of Philadelphia Center for Developmental Services, Inc.
462 A.2d 962 (Commonwealth Court of Pennsylvania, 1983)
Borough of Dormont v. Bakopoulos
35 Pa. D. & C.3d 381 (Alleghany County Court of Common Pleas, 1983)
G.M.P. Land Co. v. Board of Supervisors
457 A.2d 989 (Commonwealth Court of Pennsylvania, 1983)
Hogentogler v. Windsor Township Zoning Hearing Board
442 A.2d 834 (Commonwealth Court of Pennsylvania, 1982)
Board of Commissioners v. Harsch
437 A.2d 1338 (Commonwealth Court of Pennsylvania, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
430 A.2d 339, 59 Pa. Commw. 385, 1981 Pa. Commw. LEXIS 1458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-railroad-borough-pacommwct-1981.