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HENRY VOGEL AND ETTA VOGEL v. HOPEWELL TOWNSHIP BOARD SUPERVISORS AND HOPEWELL TOWNSHIP ZONING HEARING BOARD. HENRY VOGEL AND ETTA VOGEL (10/27/76)

decided: October 27, 1976.

HENRY VOGEL AND ETTA VOGEL
v.
HOPEWELL TOWNSHIP BOARD OF SUPERVISORS AND HOPEWELL TOWNSHIP ZONING HEARING BOARD. HENRY VOGEL AND ETTA VOGEL, APPELLANTS



Appeal from the Order of the Court of Common Pleas of York County in cases of Henry Vogel and Etta Vogel v. Hopewell Township Board of Supervisors and Hopewell Township Zoning Hearing Board, No. 577 May Term, 1974; and Henry Vogel and Etta Vogel v. Hopewell Township Zoning Hearing Board, No. 638 August Term, 1973.

COUNSEL

David Schaumann, for appellant.

Gilbert G. Malone, with him John W. Thompson, Jr., for appellees.

President Judge Bowman and Judges Crumlish, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 27 Pa. Commw. Page 119]

This is an appeal from an order of the Court of Common Pleas of York County which upheld the action of the Hopewell Township Zoning Hearing Board (Board) in dismissing an application for a special permit and in upholding the validity of certain amendments to the Township Zoning Ordinance.

The appellants, Henry and Etta Vogel, are owners of approximately forty acres of land located in an agricultural zone. When they purchased the property in September 1972, the township zoning ordinance permitted mobile home parks in any zone, including agricultural, by special permit, and the Vogels first manifested their intention to use the land as a mobile home development in an informal letter, a copy of which was sent to the secretary of the Hopewell Township Board of Supervisors (Supervisors). Prior to any formal action on the part of the Vogels, however, the

[ 27 Pa. Commw. Page 120]

Supervisors called a special meeting on January 18, 1973, to prepare advertisements of four proposed amendments to the zoning ordinance. Three of these amendments concerned mobile home parks and had the effect of: (1) prohibiting mobile home parks in agricultural zones, (2) prohibiting common water facilities other than the public water system, and (3) prohibiting common or packaged sanitary facilities. These amendments were properly advertised on January 20, 23, 27 and 30, 1973.

On February 5, 1973, the Vogels submitted a preliminary plan for their proposed mobile home park to the Supervisors, and they filed their application for a special permit with the Board four days later. The advertised zoning amendments were adopted by the Supervisors on February 21, 1973. Subsequent to the amendment of the zoning ordinance on March 5, 1973, the Supervisors rejected the Vogels' preliminary plan and they also rejected a revised plan (which had been submitted after the amendments were adopted) on May 7, 1973.*fn1 The Board denied the Vogels' request for a special permit on June 18, 1973,*fn2 and they appealed to the court below from that refusal.

The Vogels had also brought a separate action before the Board pursuant to Section 1004(1)(a) of

[ 27 Pa. Commw. Page 121]

    the Pennsylvania Municipalities Planning Code*fn3 (Code), which challenged the validity of the zoning amendments. After taking testimony, the Board concluded that the challenged amendments were validly enacted, were based on reasonable grounds, and were not exclusionary. The Vogels also appealed to the court below from this ...


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