Hempfield Township v. Hapchuk

NARICK, Senior Judge.

George and Ellen I. Hapchuk appeal from the order of the Court of Common Pleas of Westmoreland County that granted Hempfield Township’s complaint in equity requesting an injunction against Hapchuks. We reverse.

In 1987, Hapchuks purchased 107 acres of farm property in Hempfield Township, part zoned residential (R-l) and part zoned agricultural (A-l). 1 The property has been actively farmed by Hapchuks or their predecessors-in-title for the past fifty years. Prior to the filing of the Township’s complaint, the Hapchuks had obtained a permit from the Department of…