Noise-related PA Court Cases

A simple list of Pennsylvania court cases addressing noise, noise pollution, nuisance, and similar topics related to noise pollution abatement in Pennsylvania.

Marshall v. East Bradford Township Board of Supervisors (Cwlth, Feb 17 2021)

Slip Opinion Link

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.

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