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APPEAL MT. LAUREL RACING ASSOCIATION ET AL. v. ZONING HEARING BOARD (04/20/83)

decided: April 20, 1983.

APPEAL OF MT. LAUREL RACING ASSOCIATION ET AL.
v.
ZONING HEARING BOARD, MUNICIPALITY OF MONROEVILLE. MT. LAUREL RACING ASSOCIATION AND SEACH DEVELOPMENT COMPANY, AGENT FOR MT. LAUREL RACING ASSOCIATION, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Appeal of Mt. Laurel Racing Association and Seach Development Company, agent for Mt. Laurel Racing Association v. Zoning Hearing Board, Municipality of Monroeville v. Municipality of Monroeville v. Citizens Against the Racetrack, No. SA 1554 of 1981.

COUNSEL

William R. Grove, Jr., Hollinshead and Mendelson, for appellants.

Lee R. Golden, for appellee.

John D. Finnegan, for intervenor, Municipality of Monroeville.

Carl G. Cooper, for intervenor, Citizens Against the Racetrack.

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

Author: Blatt

[ 73 Pa. Commw. Page 533]

Mount Laurel Racing Association and its agent, Seach Development Company (appellants) appeal here an order of the Court of Common Pleas of Allegheny County which affirmed a decision of the Zoning Hearing Board (Board) of the Municipality of Monroeville (Municipality). That decision denied the appellants' request for approval of a conditional use application for development of a harness racing facility.*fn1

Our scope of review, in zoning appeals, where, as here, the common pleas court does not take additional evidence, is to determine whether or not the Board abused its discretion or committed an error of law. Goodman v. Board of Commissioners of the Township of South Whitehall, 49 Pa. Commonwealth Ct. 35, 411 A.2d 838 (1980).

The appellants had applied for permission to build a harness racing facility in the Municipality's M-2 Heavy Industrial District, for which the applicable zoning ordinance section provides in pertinent part:

SECTION 1201 : USE: In this district land and structures may be used and structures may be erected, altered, enlarged and maintained for the limited special uses hereunder, but including the retail sale of products when such sale is clearly incidental to the permitted industrial use.

1201.1 Any use permitted in the "M-1" District, Section 1101 other than business or professional ...


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