Vested Rights and Land Use Law - Newlin Township

A lot of you have read or shared this article on EN (and various other Pennsylvania equine news sites):

Equestrian Zoning Ordinance May Affect Popular Nielson’s Hill

On the EN page, one of the comments is apparently from an attorney who seems to have experience in what he calls ‘land use law’ and ‘vested rights.’ Another commenter states that the new ordinances cannot be enforced retroactively, and that only new businesses moving to the area would be affected by them.

Can any of the lawyers on this board comment on this? I’m not a lawyer, but it does seem unfair to enact a law that then acts on all the businesses currently existing, who may have originally decided against locating there if they knew such an ordinance would eventually be enacted. Would already established businesses and venues be exempt from the ordinance’s requirements?

The World is out of order

I really don’t understand people these days. So a few are “bothered” by traffic and they decide to make a sweeping zoning change that would not just impact their little “issue”, but have a long term negative impact on a wonderful area of PA…what a bunch of selfish asshats. Fix the traffic problem, find ways to capitalize on the increase traffic which can be translated into more local business, make flippin’ money from the riders. For crying out loud, we love to spend money and the good people of Newlin Township can surely come up with ways to have us spend money in their town. Chester County has some very good wineries and getting people to ride and drink wine would be a capital way to bring in tax revenue (note, not as the same time :wink: )

I lived for a number of years in Chester County, drove all around the area and absolutely loved having the open space and farmland to remind me how quiet life can be compared to the commuting mess that was rt 202 between Newark Delaware and Malvern PA. I met one of my first horses there and had even then started dreaming of the idea of hanging out more with horses.

Now as a farm owner and one who boards horses in SC, I am very much against changes in zoning laws that adversely affect the horse community. I hope enough people can get behind this issue, locally, to not just stop this one, but tries to push back and work to stop others such issues in the future.

I signed the petition as well.

I’m not a lawyer in this area…and when I built my farm I had to hire a lawyer with that area of expertise. A number of the neighboring townships DO have fairly restrictive land use laws. For example, I had to get approvals as a commercial operation (so went through multiple hearings) to build my barn and indoor even though I was not going to have a “boarding” business. In my near by township, if you have more than 7 stalls–it is considered commercial and triggers the ordinances and approval process. I can tell you it was/is EXPENSIVE to go through and a PITA. I basically had to jump through as many hoops as if I was building an apartment complex.

What has people up in arms to most is all of this stems from a dispute among neighbors. Some were unhappy with a new business that moved into the area. More annoying is that new business is now gone but this is still going through.

[QUOTE=JP60;7744335]
I really don’t understand people these days. So a few are “bothered” by traffic and they decide to make a sweeping zoning change that would not just impact their little “issue”, but have a long term negative impact on a wonderful area of PA…what a bunch of selfish asshats. [/QUOTE]

Selfish asshats is a perfect way to describe some of the players. Particularly when you consider one of the loudest voices of contention was not only on the planning commission at the time this started, but continued to ride on a property that supposedly generated all this “traffic” from their “commercial activities” that allegedly started this whole ball rolling.

Seriously? You are making people’s life a mess, and yet you think it’s okay to act as if nothing is happening and access the property as you please? Talk about selfish…

Although, I can’t imagine that person is welcome there any longer.

:sigh: Another case of move to the country, because it’s the country, and then try to change it!!

I suspect if there are legal expenses to fight this a GoFundMe would be very well received by all of us who could see it happening to us and don’t want precedent set.

I don’t know if I disagree with them saying that a boarding barn with a trainer, etc is a commercial business (it is) but putting restrictions on landscaping and hours of operation is insane. No one is going to stop me from checking on my horse if I need to no matter what hour of the day/night.

I live in Newlin township but haven’t really been following this until recently. But I will say our township supervisors are more interested in land development that land preservation. Two of the 3 township supervisors are in the construction business.

[QUOTE=Meredith Clark;7746562]
I don’t know if I disagree with them saying that a boarding barn with a trainer, etc is a commercial business (it is) but putting restrictions on landscaping and hours of operation is insane. No one is going to stop me from checking on my horse if I need to no matter what hour of the day/night.[/QUOTE]

If you’re talking dictionary definitions, yes.

Real estate definitions, however, work differently as far as zoning, etc. Argiculture is still business/commercial if you’re selling crops or whatever, but they’re trying to make this not count as agriculture and require entirely different handling of everything on existing businesses.

A read on the subject; http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.nyulawreview.org%2Fsites%2Fdefault%2Ffiles%2Fpdf%2FNYULawReview-84-5-Serkin.pdf&ei=q8oIVKjSNIaryATd_IGgCA&usg=AFQjCNEWlJ-wa7eYqtny55Q85GaIPQUt5w&bvm=bv.74649129,d.aWw

#1242
As Part I demonstrated, a strong current running through land
use law protects existing uses from being regulated away without compensation.
This protection is usually based upon perceived constitutional
requirements whose nature and content are defined only
vaguely. Looking closely at the supposed doctrinal underpinnings for
existing use protection reveals how startlingly weak they are. Courts
frequently invoke the Constitution as compelling a higher level of protection
for existing uses but fail to articulate precisely why and how
this level of protection applies. Instead of a coherent set of doctrines
based on sound constitutional footing, existing use protection is generally
an unexamined assumption that courts blindly follow.

Precedent is just as strong a basis for legal principles in our system as written law, at least until the written law overrides it.

The theory for grandfathering is quite strong and is based on both precedent and the Constitution. I should point out that Zoning is in trouble in the current US Supreme Court. Or to put it in legalese, a majority of this Supreme Court gives much less deference to local government decisions on zoning and land use policy than did the previous courts.

Correct me if I am wrong, but that road was at least partially gravel/unpaved and subject to some wicked washboarding and potholes and dusty in summer. There are strings of racehorses that walk right down the middle of the road on the way to the gallop like they owned the road, too. Been down it a few times.

Also the township has only about 460 families in it. And most of the horse farms and stables are long established and part of some very VERY well-heeled sorts’ holdings…the township is trying to build a decent building for an office…I think they’re looking for some funding here and probably don’t much care that rich people might be put out a little cash.

I am not sure what good signing the petition would do if you are from somewhere other than Newlin Township (i.e., a voter), but I signed it anyway because some of my friends said to do it, but if I were on the township board of supervisors and was tired of meeting in a garage or someone’s living room to do township business I’d be looking for a way to get some stuff funded by the rich people living left, right, and center in my neighborhood, too.

If 200 of those Newlin Township people showed up at the meeting tomorrow night and proved residence and wanted this nonsense stopped, I bet it would be. But they ought to also bring with them some kind of ideas toward funding the new township building they want.

460 families live in this township. Probably 200 vote. They need to be at the meeting.

[QUOTE=kcmel;7746582]
I live in Newlin township but haven’t really been following this until recently. But I will say our township supervisors are more interested in land development that land preservation. Two of the 3 township supervisors are in the construction business.[/QUOTE]

Can I assume they were voted into their position? Not a good choice! I wonder when their term is up.

Well, Bob Pearson has been there forever. Janie Baird is more recent, and is a horse owner and campaigned as such (she had herself and her horse on the front of her brochure). She is also the only democrat. I am not sure how long Bill Kelsall has been a supervisor. I have met him several times out riding with his daughter, but not sure he has horses any more.

Our farm is located only a few miles west. But in another township thank god. I had a long conversation with a farm owner who this will effect. There appears to be 2 people that started this nonsense. Both have deep pockets and large land holdings. One of which I know and I am surprised and disappointed with. The other one no so much and only know by reputation. Neither of their proprieties are under land conservation easements. Though the majority of the surrounding properties are.
Both are “to the manor born” as are many around here. I have no problem with people who were born with a silver spoon. Know lots of them when you are in the horse business. But most know they are lucky and are grateful for it. I do have a problem with self entitlement be it self earned and even more so unearned.

We are working horsemen. Very fortunate to live in this area but we are very land rich and cash poor like most working horse people. Our farm is our business we couldn’t afford to live here if were not. Barely can afford it as it is. We have over 100 acres but if this were to be enacted here it could present a problem at times.

IMO diversity is what makes a community interesting and fun to live in. Very few people can afford to live in the area due to land prices, big or small. Even less so for horse people of limited means who can only afford a small operation. 20 acres around here with decent horse infrastructure will cost $800++ at minimum. Pretty hard to make a go of it if you only are allowed 8 or 9 horses. Even with a “real” job on the side to make ends meets. So we end up with everybody “looking” the same.

I know the people that bought Laurel Hill. A wonderful couple and IMO a tremendous addition/asset to the neighborhood. Down to the earth, not a pompous bone in their body and a lot of fun to spend time with. They bought the property of their dreams and not long after taking their barn boots off a couple of self entitled got in their face over other nonsense. Then the crap hit the fan when they rented part of their facility to a well known and liked H/J trainer who had to move from a great facility because it was bought by a rich jerk from SA. She does has a good business and clientele but not a large one by most people’s standard. Yes, there was more traffic but it wasn’t like 5-10 trailers, trucks, service providers were coming and going on a daily bases. She didn’t hold shows nor have provide non boarding lesson. By ANYONE’S standards the traffic increase was hardly worth talking about. Most rational people would hardly notice.
She had to move again. What a nightmare for all. There always seems to be some sort of drama and squabbling among the rich and famous in this township and the adjoining.

Again thank god we are in Highland Township, where you can’t buy a gallon of gas nor a loaf of breed. We’ve been here going on 10 years and there has never been a reason to attend a township meeting. Most are over in 5 minutes. We have our fair share of the rich and famous, poor and nameless but we are all on the same page.

But looking at the from a greedy standpoint if this should pass. The value of our horse property should increase. Might have to think about which side I should take.

Looking at the map, it was probably the Hiltons who started this. We used to live right across from what is Hilltop View Farm. When we moved there ( 1958 or so), the Hiltons told my father that they had exclusive hunting rights over the property we had just bought, and that we couldn’t turn the horses out on it. Then they told him that they had 2 acres ( instead of the half acre that the deeds said). Then they shot a yearling in the leg. Then they had me stopped by the staties for driving my go cart past their house when the neighbors had a bull in the field that I used to use to go visit friends. (I was 10 at the time). They’re probably the only people who would even notice an extra few vehicles a day on the road.

My law practice concentrates in land use and real estate litigation, in Massachusetts. I won’t speculate on PA law, but if this were in MA, there would be a number of potential routes to challenge this rezoning. The concerned landowners should hire a PA lawyer who specializes in Land Use law. In my mind it would be worth the money.

[QUOTE=merrygoround;7744760]
:sigh: Another case of move to the country, because it’s the country, and then try to change it!![/QUOTE]

Sadly the assshats in question have lived in the country longer then my family has owned a farm in Newlin…almost 30 yrs

Our county was pushing really hard to get horse operations zoned commercial. We spent a lot of time convincing them that that would do nothing but drive all the horses out of the county. This all started as an effort to eliminate some illegal racing going on in the county. Instead of dealing with the offender, they wanted to blanket policy all horse operations. We have between 8K and 10K horses in the county. They quickly realized the potential tax and revenue losses and backed down. I think they saw an opportunity to squeeze a few more dollars out of the horse industry…