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FARMLAND INDUSTRIES v. ZONING HEARING BOARD PEQUEA TOWNSHIP (03/12/82)

decided: March 12, 1982.

FARMLAND INDUSTRIES, INC., T/D/B/A TURKEY HILL MINIT MARKETS, INC., APPELLANT
v.
ZONING HEARING BOARD OF PEQUEA TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lancaster County in the case of Farmland Industries, Inc. t/d/b/a Turkey Hill Minit Markets, Inc. v. Zoning Hearing Board of Pequea Township, Trust Book No. 46, Page 216.

COUNSEL

John P. Hohenadel, with him Judith L. White, Nikolaus, Hohenadel & Greiner, for appellant.

David William, with him William E. Haggerty, Morgan, Hallgren, Crosswell & Kane, P.C., for intervenors, Richard A. Haas and Joy C. Haas.

No appearance for appellee.

Judges Mencer, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Mencer. Judge Palladino did not participate in the decision in this case.

Author: Mencer

[ 65 Pa. Commw. Page 289]

In March 1980, Penn Brill Manor Associates*fn1 applied for a special exception to erect a building for

[ 65 Pa. Commw. Page 290]

    the sale of farm products on their property which is located in an "A-Agricultural" zoning district. After a hearing, the Zoning Hearing Board of Pequea Township (Board) granted the special exception. On appeal by Farmland Industries, Inc., t/d/b/a Turkey Hill Minit Markets, Inc. (appellant), the Court of Common Pleas of Lancaster County affirmed the Board's decision without taking additional testimony. As subsequent purchasers of the property in issue, Richard and Joy Haas intervened in the action below. This appeal followed.

Article XIX, Section 1911 of the Pequea Township Zoning Ordinance provides as follows:

The display and sale of farm products may be permitted by special exception in A-Agricultural Districts and R-240 Residential Districts provided that the following restrictions are met:

1. The general standards of Section 1903 are met.

2. Parking space for at least three (3) cars shall be provided off the road right-of-way.

3. Sale of farm products shall be conducted from a portable stand located a minimum of 15 feet from the road right-of-way line and to be removed at the end of the growing season, or from a permanent building ...


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