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JOSEPH J. ZAJAC v. ZONING HEARING BOARD MIFFLIN TOWNSHIP (03/01/79)

decided: March 1, 1979.

JOSEPH J. ZAJAC, SR., APPELLANT
v.
THE ZONING HEARING BOARD OF MIFFLIN TOWNSHIP, COLUMBIA COUNTY, PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of the 26th Judicial District, Columbia County Branch, in case of Joseph J. Zajac, Sr. v. The Zoning Hearing Board of Mifflin Township, Columbia County, Pennsylvania, No. 76-1978.

COUNSEL

Frank C. Baker, for appellant.

Franklin E. Kepner, Jr., for appellee.

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

Author: Craig

[ 41 Pa. Commw. Page 8]

This zoning appeal involves a special exception application for a mobilehome park in an R-A Residential Agricultural District, denied by the Zoning Hearing Board of Mifflin Township (Board).

Appellant Joseph J. Zajac, Sr. (applicant) appealed the denial to the Common Pleas Court of Columbia County, which remanded the matter for a proper hearing, after which the Board again denied the special exception.

[ 41 Pa. Commw. Page 9]

Although all parties now agree that this application for a 36-unit mobilehome court is in full compliance with all of the express special exception requirements for mobilehome courts in Sections 514 and 562 of the Mifflin Township Zoning Ordinance (ordinance),*fn1 the Board, in addition to basing its denial

[ 41 Pa. Commw. Page 10]

    on considerations of density, accessibility and alleged pollution, also found that the mobilehome court would contravene the ordinance purposes, concluding:

The proposed use is certainly not compatible with the purpose of such a district [Residential-Agricultural], i.e. the stabilzation of agriculture as an on-going economic activity'. . . .

The court below, without taking any additional testimony, affirmed the Board. Our scope of review is therefore limited to a determination of whether or not the zoning hearing board abused its discretion or committed error of law. Gillies ...


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