If chickens are raised on the farm, is a plant for processing those chickens considered part of that agricultural use? That was the question presented to the Commonwealth Court in this case. After analyzing the specific language of the municipal zoning ordinance, the court concluded such a facility was part of an agricultural use and therefore was permitted in a district that only allowed agriculture uses.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: Court of Common Pleas of York County
The Supreme Court, in an appeal from Superior Court, held that judges, not juries, should determine the applicability of the Right to Farm Act’s (“RTFA”) prohibition on nuisance claims. It further determined that the use of recycled biosolids as fertilizer constituted a normal agricultural use under the RTFA.
In this case the Pennsylvania Supreme Court provided more clarity as to what may be considered in the valuation of a property with environmental damage for tax purposes. Specifically, the court held that the hypothetical ways a property can be used by potential buyers is a permissible consideration, as are any environmental remediation agreements and the environmental stigma associated with the property due to the damage.
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