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TOWNSHIP EAST BRADFORD v. DR. ROBERT J. CHAMPAINE AND JOYCE CHAMPAINE (08/20/76)

decided: August 20, 1976.

TOWNSHIP OF EAST BRADFORD
v.
DR. ROBERT J. CHAMPAINE AND JOYCE CHAMPAINE, HIS WIFE, AND ROYALWOOD, INC., APPELLANTS



Appeal from the Order of the Court of Common Pleas of Chester County in case of Township of East Bradford v. Dr. Robert J. Champaine and Joyce Champaine, his wife, and Royalwood, Inc., No. 2783 of 1974.

COUNSEL

Lawrence E. Wood, with him Wood, Parke & Barnes, for appellants.

Joseph F. Harvey, with him MacElree, Harvey, Gallagher & Kean, Ltd., for appellee.

Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 26 Pa. Commw. Page 169]

This is an appeal by Dr. Robert J. Champaine from an order of the Court of Common Pleas of Chester County, dated May 12, 1975, which enjoined Champaine from conducting certain activities on his land. Champaine contends that (1) the injunctive order of the trial court is overly broad; (2) the suit by the Township of East Bradford represents an arbitrary exercise of the municipality's zoning power; and (3) a prior order of the Township's Zoning Hearing Board should have been "revoked" before the Township proceeded in equity. We will reverse the trial court and remand.

Sometime in early 1973 Champaine applied to the Zoning Hearing Board of the Township of East Bradford for a special exception to permit the use of

[ 26 Pa. Commw. Page 170]

Champaine's land*fn1 to teach horsemanship. On June 25, 1973, following hearings, the Board granted the requested exception subject to certain conditions. These conditions are set forth in the Board's order granting the exception:

"And Now, this 25th day of June, 1973 upon consideration of the evidence and testimony presented in the Application of Dr. Robert J. Champaine, a special exception is granted to the Applicant pursuant to Section 400(d)(1) and Section 1108 of the East Bradford Township Zoning Ordinance of 1970, [to] permit the conducting of an educational use, to wit, the teaching of a basic course in horsemanship, subject to the following restrictions and/or limitations based upon the authority granted the Board under Section 1108 of the Ordinance of 1970:

"a. The proposed course in horsemanship shall be limited to students from West Chester State College as requested by the Applicant.

"b. Classes may be conducted five days per week, Monday through Friday, said classes to begin no earlier than 8:00 a.m. and to be completed no later than 5:30 p.m. There shall be no classes on Saturday or Sunday in order to preserve the tranquility of the surrounding community and countryside.

"c. Approval of this special exception is contingent upon the Applicant furnishing the Zoning Hearing Board with a letter of approval from the Pennsylvania Department of Public Instruction that the subject course is an accredited course for which a ...


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