Visionquest National, Ltd. v. Board of Supervisors

569 A.2d 915, 524 Pa. 107, 1990 Pa. LEXIS 59
CourtSupreme Court of Pennsylvania
DecidedFebruary 1, 1990
Docket137 E.D. Appeal Dkt. 1988
StatusPublished
Cited by25 cases

This text of 569 A.2d 915 (Visionquest National, Ltd. v. Board of Supervisors) 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
Visionquest National, Ltd. v. Board of Supervisors, 569 A.2d 915, 524 Pa. 107, 1990 Pa. LEXIS 59 (Pa. 1990).

Opinions

OPINION

NIX, Chief Justice.

The Board of Supervisors of Honey Brook Township, Chester County, Pennsylvania, have brought this appeal from the Commonwealth Court’s reversal of an order of the Chester County Court of Common Pleas, affirming the denial of Appellee’s application for a conditional use permit. Two questions are presented for our consideration: a) whether the Visionquest facility satisfies the criteria to be characterized as a school under the township’s conditional use ordinance and b) whether the protestors met their burden of establishing that the proposed use would be detrimental to the community.

[109]*109The appellee operates a rehabilitative facility for youths, a majority of whom are referred to the program by the judicial system. The youths are generally adjudged juvenile delinquents. The program is known as a “wilderness” program and consists of outdoor experience combined with some traditional classroom instruction. It is one step in a three-phase placement program for these youths. The other steps include a “wagontrain experience” and a residential school facility, both of which are located elsewhere. The physical facility for the “wilderness experience” is located in an agricultural section of Honey Brook Township and is structured as a camp, with the “students” living in teepees they build themselves. There is one large “A” frame tent which houses the eating area for the students as well as an area for performing administrative functions and mass communication with the students.

The Honey Brook facility was established in July, 1983, without appellee first obtaining the necessary approvals and licenses. The zoning ordinance for the area in which the facility was located is designated agricultural; allows conditional uses in such areas, including churches, schools and campgrounds; but expressly prohibits conditional uses for correctional institutions. (See n. 4, infra.) Since appellee sought no such approval prior to the commencement of operation, the appellant issued a cease and desist order in August, 1983. Thereafter, appellee filed an appeal from that order and an application for conditional use approval. A hearing was subsequently held by appellant, with all interested parties participating.

At the hearing, the appellee presented testimony of an expert in education who attempted to establish the Vision-quest facility as a school and therefore within the conditional uses of such an area. Residents and neighboring property owners testified that this facility would have a substantial detrimental effect on the area. The Board of Supervisors denied the application, stating that appellee had not complied with all of the ordinance criteria. Specifically, the [110]*110Board found that while the proposed use was an educational facility,- the applicant had not presented any evidence that the proposed use was necessary or important to the Township.1 The Board concluded'that without satisfying that burden the application must fail. The Board went further to state that assuming the applicant did satisfy all of the criteria fór a conditional use, the protestors met their burden for denial of the application by establishing that the proposal would have a detrimental effect on the welfare of the community.

. The Court of Common Pleas of Chester County ruled that the Board misapplied the initial burden of the applicant but affirmed the denial of the conditional use permit on separate grounds. That court held that once the applicant had established compliance with the objective standards of the ordinance, the burden shifted to the protestors to show that the proposed use was not in compliance with subjective provisions. Specifically, the court held that once the Board concluded Visionquest was in fact a school2 under the conditional use ordinance, the burden shifted to the protestors to show that the facility was not in compliance with the Township Comprehensive Plan or presented a detriment to [111]*111the community.3

The common pleas court then reviewed the evidence presented by the residents of the community and concluded that the burden had been met to deny the application on the grounds of detriment to the community. No. 85-02017, slip op. at 10-16, (Common Pleas Court of Chester County, March 11, 1987). The protestors offered testimony that obscenities and loud noises could be heard every morning at the facility. Furthermore, the neighbors expressed concern over the possible dangers of a “student” who escapes. The court relied upon the apprehension of the residents to deny the application for a conditional use permit. Such concern was not without support considering the background of these youths, incidents of property damage at Visionquest’s Venango County facility, and the clear statement of Vision-quest that they would not accept responsibility for any property damage caused by an escaped youth. The court stated that the residents were not merely testifying about speculation or unsupported anxieties but were relating experiences with this Visionquest facility during its unauthorized and unapproved use. Slip. op. at 16.

The Commonwealth Court in a cursory opinion reversed the opinion of the common pleas court as well as the decision of the Board of Supervisors. The Commonwealth Court accepted the Board’s conclusion that the facility was a school and held that the protestants had not presented substantial evidence to establish a detriment greater than that of any other school facility. Visionquest National Ltd. v. Board of Supervisors of Honeybrook Township, 115 Pa.Commw. 562, 540 A.2d 995 (1988). The Commonwealth Court noted that the mere possibility of an adverse impact, based on unsupported anxieties, was insufficient to [112]*112meet the appellant’s burden of proof. See, Zoning Hearing Board v. Konyk, 5 Pa.Commw. 466, 290 A.2d 715 (1972).

Conditional use ordinances are evidence that the municipality has determined the particular use is not adverse to the public interest per se. See, Brentwood Borough v. Cooper, 60 Pa.Commw. 462, 431 A.2d 1177 (1981); City Planning Commission of Greensburg v. Threshold, Inc., 12 Pa.Commw. 104, 315 A.2d 311 (1974). Once an applicant for a conditional use permit has presented evidence to establish the specified standards in the ordinance, the application must be granted, unless the protestors to such an application have presented sufficient evidence that such a use would pose a substantial threat to the community. See, Susquehanna Township Board v. Hardee’s Food System, 59 Pa.Commw. 479, 430 A.2d 367 (1981); Greensburg, supra. Such evidence cannot consist of mere “bald assertions, personal opinions, and perceptions” of the use and its effect on the neighborhood. Commonwealth of Pennsylvania, Bureau of Corrections v. City of Pittsburgh, 516 Pa. 75, 532 A.2d 12 (1987).

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Bluebook (online)
569 A.2d 915, 524 Pa. 107, 1990 Pa. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/visionquest-national-ltd-v-board-of-supervisors-pa-1990.