 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
King v. Bensalem Township Zoning Hearing Baord6/30/2003
ntal. The Board found that after King had recuperated from his back surgery, he removed trees and brush from the subject property but did not begin any repairs to the garage. Also, the Board found that King made no efforts to secure a tenant for the garage from July 1998 until he entered into an oral agreement with Shearstone in January 2000. Consequently, the Board found that appellants' evidence was insufficient to rebut the presumption. Thus, based upon the unrebutted presumption of intent to abandon, the Township satisfied its burden as to the first element.
The Township also had the burden to prove, by pointing to overt acts or failure to act, that King actually abandoned the auto repair shop use. As stated previously, the Board found that King made no efforts to secure a tenant for the garage from the date of purchase, July 1998, until he entered into an oral agreement with Shearstone in January 2000. King admitted that he did not place any advertisements for tenants nor did he contact any realtors in an effort to secure a tenant. Appellants first began preparations to re-open a repair shop on the property during the spring of 2000. The Board also found that the only attention given to the garage was to repair a leaky roof in October 1998. As noted, after King had recuperated from his back surgery, he removed trees and brush from the subject property, but still did not begin any repairs to the garage. Appellants assert that King's efforts to repair the roof and clear the shrubs, and the storage of the auto parts and repair equipment left behind by the prior tenant, demonstrate that the use was not actually abandoned. However, the evidence credited by the Board depicts King's total inaction with regard to continuing the nonconforming use. While the issue is close, the Board's findings are sufficient to support the conclusion of actual abandonment, and we will not substitute our judgment for that of the fact-finder.
Accordingly, we affirm.
BONNIE BRIGANCE LEADBETTER, Judge
ORDER
AND NOW, this 30th day of June, 2003, the order of the Court of Common Pleas of Bucks County in the above captioned matter is hereby AFFIRMED.
BONNIE BRIGANCE LEADBETTER, Judge
Page 1 2 3 Pennsylvania Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|