Tinicum Township v. Nowicki

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. The trial court held that the mulching operation of Landowners 1 was manufacturing and, as such, belonged only in the Township’s Manufacturing District. Because Landowners’ mulching operation was being conducted on property located on the site of a quarry in the Extraction District of Tinicum Township, the trial court upheld the Township’s zoning violation. I would reverse. Landowners are not engaged in manufacturing. Our Supreme Court has held, definitively, that the production of mulch is an agricultural operation and not…