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RAY COSSELL v. HEMPFIELD TOWNSHIP (06/03/87)

decided: June 3, 1987.

RAY COSSELL, ALSO KNOWN AS, RAYMOND COSSELL; AND ROBERT COSSELL, ALSO KNOWN AS, BOB COSSELL, TRADING AND DOING BUSINESS AS, GREENGATE AUTO PARTS, APPELLANTS
v.
HEMPFIELD TOWNSHIP, APPELLEE



Appeal from the order of the Court of Common Pleas of Westmoreland County, in case of Hempfield Township v. Ray Cossell, also known as Raymond Cossell; and Robert Cossell, also known as Bob Cossell, t/d/b/a Greengate Auto & Truck Parts, No. 1196-1984.

COUNSEL

Michael J. Macko, for appellants.

Thomas J. Godlewski, for appellee.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 106 Pa. Commw. Page 405]

Raymond and Robert Cossell trading as Greengate Auto Parts (Appellants) appeal an order of the Court of Common Pleas of Westmoreland County (trial court) which enjoined Appellants from conducting activity in violation of the Zoning and Junkyard Ordinances of Hempfield Township (Appellee).

Appellants own a parcel of land in Hempfield Township, Westmoreland County in an area zoned, pursuant to the Hempfield Township Zoning Ordinance, B-3, Highway Business District. Appellants operate a business on the premises known as Greengate Auto and Truck Parts. On February 22, 1984, Appellee filed a complaint in equity with the trial court, seeking an injunction which would restrain Appellants from a use that is not allowable in a B-3 District and in violation of the Hempfield Township Solid Waste and Junkyard Ordinance. Specifically, Appellee sought to enjoin Appellants from the following:

[ 106 Pa. Commw. Page 406]

(a) Storing junk and debris upon the real property described in the within complaint;

(b) Operating any junkyard and storing junk automobiles, scrap iron and metals and auto and truck parts upon their property;

(e) Order that the Defendants refrain from continuing the depositing or storing of old junk, debris, junk automobiles, scrap iron and metal, and alike items on the premises described herein;

(f) Order that the Defendants refrain from violating the ordinances of Hempfield Township.

The trial court held an evidentiary hearing and granted the injunction on March 21, 1985. The trial court found that Appellants were operating an automobile salvage business and often had 20 to 25 damaged vehicles on the premises that were non-licensed and inoperative. Many of these vehicles were dismantled; parts were salvaged, and the carcass was eventually transported to another location. Appellants were prohibited from maintaining one or more used, unlicensed and inoperable automobiles or ...


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