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FIDLER v. ZONING BOARD ADJUSTMENT (ET AL. (06/28/62)

June 28, 1962

FIDLER
v.
ZONING BOARD OF ADJUSTMENT (ET AL., APPELLANT).



Appeal, No. 244, Jan. T., 1962, from order of Court of Common Pleas of Lehigh County, June T., 1960, No. 241, in case of Brooke Y. Fidler v. Zoning Board of Adjustment of Upper Macungie Township. Order reversed; reargument refused July 24, 1962.

COUNSEL

Charles M. Bolich, with him Robert V. Ritter, for appellants.

W. Hamlin Neely, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Eagen

[ 408 Pa. Page 261]

OPINION BY MR. JUSTICE EAGEN

The appellants, John Jaindl and Fred J. Jaindl, are owners of 42 acres of farm land in an essentially rural area of Upper Macungie Township, Lehigh County,

[ 408 Pa. Page 262]

Pennsylvania. Planning the operation of a turkey farm thereon, they sought a zoning permit for the construction of certain buildings necessary to the operation. The zoning officer of the township granted the permit. An abutting landowner, Brooke Y. Fidler, appealed the grant of the permit to the township board of adjustment. The board dismissed the appeal. Fidler then appealed to the Court of Common Pleas of Lehigh County. No additional testimony was taken. The court, upon the record presented, concluded that the board committed an error of law and an abuse of discretion, reversed, and revoked the permit. The land-owners, John and Fred J. Jaindl, appeal.

Since the issue was decided by the court below solely upon the record before the board, the scope of our review is limited to whether or not the evidence supports the board's factual findings and whether or not the board abused its discretion or committed an error of law in making its decision: Tidewater Oil Co. v. Poore, 395 Pa. 89, 149 A.2d 636 (1959); Magrann v. Zoning Bd. of Adj., 404 Pa. 198, 170 A.2d 553 (1961).

The township zoning ordinance, effective January 1, 1959, divided the municipality into four classifications or districts, namely, "Residential," "Agricultural," "Commercial," and "Industrial." The land involved is located in that area zoned "Agricultural."

The section of the zoning ordinance pertinent to an "agricultural" district provides as follows: "Section 501. USE REGULATIONS. A building may be erected or used, and land may be used or occupied for any of the following purposes, and no other: 1. Any use permitted in R1-Residential District (Class 1). 2. Agriculture and all business incidental to ...


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