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COUNTY FAYETTE v. HELEN A. BLOUT AND LAUREL CONTRACTING (05/31/78)

decided: May 31, 1978.

COUNTY OF FAYETTE
v.
HELEN A. BLOUT AND LAUREL CONTRACTING, INC., APPELLANTS



Appeal from the Order of the Court of Common Pleas of Fayette County in case of County of Fayette v. Helen A. Blout and Laurel Contracting, Inc., No. 2839 in Equity.

COUNSEL

Ernest P. DeHaas, III, with him Coldren & Coldren, for appellants.

Philip T. Warman, Solicitor, with him Warman & Warman, for appellee.

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

Author: Wilkinson

[ 35 Pa. Commw. Page 524]

This appeal is from an order and final decree of the Court of Common Pleas of Fayette County dismissing exceptions to an adjudication by the chancellor enjoining appellants from using a garage in an "A-1 Agricultural-Rural" zone in Fayette County (County) for the business or commercial operations of appellant, Laurel Contracting, Inc.

In March 1974 a zoning certificate was issued by the county to construct a residential garage on property owned by Vincent R. Blout and his wife, Helen, the appellant herein. This certificate was issued pursuant

[ 35 Pa. Commw. Page 525]

    to the county zoning ordinance which permitted residential garages in A-1 districts. After the garage was built in August 1974 it was used to store trucks and other vehicles used by Laurel Contracting, Inc., a corporation controlled by the Blout family, engaged in the business of construction, trucking and asphalt paving.

In January 1975 the county sought an injunction to prevent the storage of these vehicles in the garage, alleging the use of the property was commercial in nature and therefore not permitted in an A-1 district under the county ordinance without the grant of a special exception. The chancellor after a hearing issued a decree and adjudication on June 25, 1976 which made the following findings at issue here:

4. A garage building 50 feet by 60 feet in size, was partially erected in August, 1974. This building is not being used as a residential garage, although Blout represented it would be used for storage of automobiles, trucks and farm machinery.

5. Blout is using the building daily to park and fuel two tri-axle trucks, two dump trucks, a pickup truck and a roller and grader. These vehicles are used in the business operations of defendant, Laurel Contracting, Inc., a corporation engaged in the trucking, coal hauling, and asphalt business.

6. Said garage is being used as a commercial or truck depot. This use is not permitted by the Zoning Ordinance in an 'A-1' area, and such use by trucks is causing damage to the ...


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