"Once an applicant for a conditional use permit has presented evidence to establish the specified standards in the ordinance, the application must be granted, unless the protestors to such an application have presented sufficient evidence that such a use would pose a substantial threat to the community.” (citations omitted)
How later courts described this case
- "Once an applicant for a conditional use permit has presented evidence to establish the specified standards in the ordinance, the application must be granted, unless the protestors to such an application have presented sufficient evidence that such a use would pose a substantial threat to the community.” (citations omitted)
- trial court's standard of review of Board's decision, where court does not take additional evidence, is limited to determining whether there was an abuse of discretion or error of law
- "appropriate scope of review for this Court, in a denial of conditional use permit, is limited to whether an abuse of discretion or an error of law has been committed"
Written by the judges who cited it.
The opinion
ZAPPALA, Justice,
dissenting.
In reaching its desired result, the majority has concluded that the Visionquest facility was not an educational facility within the meaning of the conditional use section of the Honey Brook Township Zoning ordinance. The majority states that the facility is a penal institution when the finding of the Board regarding the educational status of the facility has not been challenged in this appeal or elsewhere.
I am puzzled as to why the majority carries out the charade of considering whether or not the protestors met their burden of showing that the use was detrimental to the neighborhood. It is clear that the evidence relied on in this regard consisted of mere “bald assertions, personal opinions, and perceptions” of the use and its effect on the neighborhood and does not support the conclusions reached by the majority. Commonwealth of Pennsylvania, Bureau of Corrections v. City of Pittsburgh, 516 Pa. 75 , 532 A.2d 12 (1987).
The inadequacy of this evidence to support a finding of detriment to the neighborhood has led the majority to reach an issue that ought not be addressed. Clearly, the proper scope of review exercised by this Court has been exceeded by the majority’s sua sponte review of the Board’s conclusion that the facility was an educational use. By reviewing *118 issues not raised before this court, the majority has denied to Appellee the opportunity to address the issue of whether the facility was an educational use before it was decided. In the face of inadequate evidence to support a finding of detriment, the majority has buttressed its decision with a finding it was not asked to make.
For the above reasons, I would affirm the decision of the Commonwealth Court.