Marshall v. East Bradford Township Board of Supervisors (PaCwlth, Feb 17 2021)
Appellants sought declaration that a 3000 sq ft barn in an R-2 zoning district was owner-occupied and thus could be used to calculate the number of attendees at events at the former farm property, now a conditional use B&B and event space. Using tortured logic, the Commonwealth Court declared the barn “occupied” because the owners simply stored some items in the barn and denied the local municipality’s interpretation that a property could have only one primary dwelling. The opinion notes that Appellants [also] allegedly “did not comply with the noise standards established by the Zoning Ordinance.” The Trial Court did not address the alleged failure to address noise and other standards; and thus the Commonwealth Court did not address that issue. See sharply diverging DISSENT.