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APPEAL STAGEBRUSH PROMOTIONS (07/15/86)

decided: July 15, 1986.

IN RE: THE APPEAL OF STAGEBRUSH PROMOTIONS, INC., FROM THE DECISION OF THE EAST DONEGAL TOWNSHIP BOARD OF SUPERVISORS. MARY VIVIAN STEINER FOUNDATION, INC. STAGEBRUSH PROMOTIONS, INC., AND MARY VIVIAN STEINER FOUNDATION, INC., APPELLANTS


Appeal from the Order of the Court of Common Pleas of Lancaster County, in case of In Re: The Appeal of Stagebrush Promotions, Inc. from the Decision of the East Donegal Township Supervisors, Mary Vivian Steiner Foundation, Inc., Trust Book No. 47, Page 34.

COUNSEL

Paula B. Katchmer, with her, Charles B. Grove, Jr., Blakinger, Grove & Chillas, P.C., for appellants.

Dennis L. Plank, Going & Plank, for appellee, East Donegal Township Board of Supervisors.

Charles E. Zaleski, Tive, Hetrick, & Pierce, P.C., for appellee, East Donegal Township Planning Commission.

Judges Rogers and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 98 Pa. Commw. Page 635]

This appeal results from an order of the Lancaster County Court of Common Pleas which affirmed the decision of the East Donegal Township Board of Supervisors (Board) denying the Petition for Conditional Use filed by the appellants, Stagebrush Promotions, Inc. and Mary Vivian Steiner Foundation, Inc. (appellants).

The property involved in the present appeal is Circle Creek Farm (Circle Creek), a 98.1-acre tract of land

[ 98 Pa. Commw. Page 636]

    located in East Donegal Township. Erected on the property is a dwelling house, a pavilion, farm buildings, swimming pool, a campground, and cabins. Since 1963 these facilities have been used for various "recreational" purposes. The tract itself is located primarily in a district zoned agricultural, with another portion located in a floodplain district.

Prompted by certain intensive activities carried on at Circle Creek,*fn1 the Board in early 1981 notified the owners that they were, by virtue of such activities, in violation of the township zoning ordinance. In response, appellant Stagebrush Promotions, Inc.,*fn2 filed a Petition for Conditional Use with the Board. The petition actually enumerated a variety of uses, including the following:

A. Campgrounds;

B. Sporting Events;

C. Day camp for children and certain disadvantaged individuals;

[ 98 Pa. Commw. Page 637]

D. Cultural Events, including but not limited to Shakespearian Summer Stock, International Dancers and Singers, and other theatrical events;

E. Musical Concerts and festivals;

F. Craft, antique and hobby shows and ...


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