Neshannock Township v. Musguire

Opinion by

Judge Craig,

Landowner Gary Musguire appeals an order of the Court of Common Pleas of Lawrence County, sitting en banc, which dismissed his exceptions to the decree nisi of Judge Caiazza, as chancellor, enjoining Musguire and Donald Nelson from operating a motor vehicle racing facility on property owned by them in Neshannock Township.

We must determine whether a commercial racetrack constitutes a “recreation ground,” public or private, as permitted in the R-3 Residential Limited Use district under Article Y of the Neshannock Township zoning ordinance.

The property involved here is a…