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BOARD TOWNSHIP SUPERVISORS MIDDLESEX TOWNSHIP v. ZONING HEARING BOARD MIDDLESEX TOWNSHIP (12/20/89)

decided: December 20, 1989.

BOARD OF TOWNSHIP SUPERVISORS OF MIDDLESEX TOWNSHIP, APPELLANT,
v.
THE ZONING HEARING BOARD OF MIDDLESEX TOWNSHIP, APPELLEE



Appeal from Common Pleas Court, Cumberland County; Honorable Keith B. Quigley, PRES. JUDGE PERRY COUNTY, HONORABLE HAROLD E. SHEELY, PRES. JUDGE-CUMBERLAND COUNTY.

COUNSEL

Charles D. Vance, Jr., Snelbaker & Elicker, Mechanicsburg, for appellant.

Edward W. Harker, Carlisle, for appellee.

Harold S. Irwin, III, Irwin, Irwin & McKnight, Carlisle, for intervenor, Jeffrey L. Davis.

Doyle and Barry, JJ., and Narick, Senior Judge.

Author: Doyle

[ 130 Pa. Commw. Page 219]

This is an appeal from an order of the Court of Common Pleas of Cumberland County which affirmed a decision of the Zoning Hearing Board of Middlesex Township (ZHB) to permit Jeffrey L. Davis to operate a fur business on his farm, and to dismiss the appeal of the Board of Township Supervisors of Middlesex Township (Appellant). We reverse.

Where the trial court took no additional evidence, our scope of review is to determine whether the ZHB abused its discretion or committed an error of law. The ZHB abuses its discretion when its factual findings are unsupported by substantial evidence. Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637 (1983).

The facts as found by the ZHB are as follows:

1. [Davis] is the owner of a tract of land in the Township, consisting of approximately 60 acres located at the base of Sterrets Gap in a Residential -- Farm Zone.

2. [Davis] purchased the property in April 1985, believing that it was approved for use as a site for his fur business.

3. [Davis'] business, which he carried on at the property for over two years, is described by [him] as seasonal; and as being a ...


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