Ludwig v. Zoning Hearing Board of Earl Township

KELTON, Senior Judge.

Charles, Gloria and Timothy Martin (Landowners) appeal from the August 16, 1994 order of the Court of Common Pleas of Lancaster County (trial court) reversing the Zoning Hearing Board of Earl Township’s (Board’s) grant of a variance to Landowners to use their property for a for-profit golf driving range. We reverse.

The critical issue in this case is whether Section 701, subsection 4 of the Township’s Zoning Ordinance creates zoning provisions which are not uniform for each class of uses within the Township’s rural districts. Landowners assert that subsection improperly…