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CHARLESTOWN TOWNSHIP v. BARBARA FUGUET (12/06/76)

decided: December 6, 1976.

CHARLESTOWN TOWNSHIP, APPELLANT
v.
BARBARA FUGUET, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County in case of Charlestown Township v. Barbara R. Fuguet, No. 249 September Term, 1974.

COUNSEL

James E. McErlane, with him Lamb, Windle & McErlane, for appellant.

Ross A. Unruh, for appellee.

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

Author: Crumlish

[ 27 Pa. Commw. Page 303]

Charlestown Township (Township) issued a cease and desist order against Barbara Fuguet (Appellee) for violation of its zoning ordinance. When Appellee failed to comply with the cease and desist order, a District Justice of Chester County found her guilty of the alleged violation and imposed a fine. Appellee appealed the conviction to the Court of Common Pleas of Chester County and was there acquitted. Township has appealed this verdict to us.

The facts are undisputed. Appellee owns 2.2 acres of land located in an area zoned Farm Residential (FR). She resides on the property in a single-family dwelling with a garage located approximately 20 feet

[ 27 Pa. Commw. Page 304]

    to the north of the dwelling. She stalls a horse and a pony in the garage. The garage is located less than 100 feet from each boundary line of Appellee's tract.

The cease and desist order charged Appellee with violating Section 400.B of the Township Zoning Ordinance. Section 400 of the Ordinance, which sets forth regulations applicable to FR districts, provides:

Section 400. Use Regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

B. Agriculture, Provided that a lot for the raising, maintenance, or breeding of livestock and poultry shall be not less than four (4) acres, and on such lot any structures used for the housing of livestock or poultry shall be located not less than one-hundred (100) feet from any lot line.

H. Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses in accordance ...


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