Legal Opinion · Dissent

Stoltzfus v. Zoning Hearing Board of Eden Township

Commonwealth Court of Pennsylvania

Decided November 7, 2007Published

1Dissent

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. Landowner Levi K. Stoltzfus has been lawfully operat*551ing a log processing business on his 67-acre farm for more than 10 years. He intends to convey approximately 46 acres to his brother and to retain the remaining 21 acres. This will require Stoltzfus to move his log processing business a short distance from one portion of the property to another. The majority has characterized as “meritless” and “an absurdity” Stoltzfus’s argument that his log processing business is forestry activity exempt from zoning regulation. The majority finds…

2Cases cited2 opinions

  1. Header v. Schuylkill County Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2004
  2. Facchine v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2005

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