Legal Opinion

P. Marshall and J. Marshall v. Charlestown Twp. Board of Supervisors and C.J. Cloeter and N.H. Cloeter

Commonwealth Court of Pennsylvania

Decided August 29, 2017No. P. Marshall and J. Marshall v. Charlestown Twp. Board of Supervisors and C.J. Cloeter and N.H. Cloeter - 1591 C.D. 2016PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY

JUDGE HEARTHWAY

Charlestown Township Board of Supervisors (Board) appeals from the final order of the Court of Common Pleas of Chester County (trial court), entered ' August 22, 2016, which reversed the Board’s decision denying Paul Marshall’s and. Julie Marshall’s (together, Marshalls) conditional use application proposing to use their property for farm-to-table, activities at nighttime. The trial court also imposed conditions on the nighttime use. We reverse.

The Marshalls own a 12.6 acre parcel of land located at 12 Alexis Lane (also known as 2226 Charlestown Road) (Property) in…

2Cases cited14 opinions

  1. Valley View Civic Ass'n v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1983
  2. In Re Appeal of ThompsonCommonwealth Court of Pennsylvania · 2006
  3. Lansdowne Borough Board of Adjustment's AppealSupreme Court of Pennsylvania · 1934
  4. In Re Appeal of McGlynnCommonwealth Court of Pennsylvania · 2009
  5. Gilden AppealSupreme Court of Pennsylvania · 1962

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3Cited by3 opinions

  1. Horvath Towers V, LLC v. Indiana Twp. Bd. of Supers.Commonwealth Court of Pennsylvania · 2020
  2. In Re: Appeal of Provco Pinegood Sumneytown, LLC ~ Appeal of: Provco Pinegood Sumneytown, LLCCommonwealth Court of Pennsylvania · 2020
  3. P. Murray v. Shaler Twp. ZHBCommonwealth Court of Pennsylvania · 2022

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