Township of Little Britain v. Lancaster County Turf Products

In Township of Little Britain v. Lancaster County Turf Products, 146 Pa. Commw. 211, 604 A.2d 1225 (Pa. Cmwlth. 1992), the issue was whether Lancaster County Turf Products (Turf Products) required a zoning permit to operate its mushroom soil curing operation in the Township of Little Britain (Township). There, Turf Products began to construct a manure storage facility and commenced excavation of the property without obtaining a permit from the zoning officer. The Township's zoning ordinance required that the owner obtain a permit and/or an occupancy permit before it changed use of the land and/or used any building. The Township issued an enforcement notice but Turf Products continued to conduct operations. The Township filed a complaint in equity seeking to enjoin Turf Product's operations pursuant to Section 617 of the MPC. The Lancaster County common pleas court in Township of Little Britain issued an "ex parte preliminary injunction" enjoining Turf Products from further engaging in mushroom soil curing operation pending a hearing scheduled for six days later. A hearing was held and the Township presented evidence that the premises was used previously for the raising of crops, chickens and tree stalks. Turf Products conceded that the evidence showed that there may have been a change in use of the land. After conducting a hearing on the Township's motion for preliminary injunction, the Lancaster County common pleas court found the operation proposed by Lancaster County Turf Products was a "permitted agricultural use" that did not require a zoning permit and vacated its ex parte preliminary injunction. Township of Little Britain, 604 A.2d at 1228. The Township appealed. This Court vacated the trial court's order and reinstated the preliminary injunction. Noting that the determinative question was whether there was a change in use of the premises, this Court noted that the property was no longer being used to raise chickens or tree stalks, but was being used to spread mushroom soil. Based on the record, the Court found that Turf Products changed the use of the land without having obtained the necessary permits or certificates of use or occupancy as required by the Township's zoning ordinance. Because the Township had established a per se violation of its zoning ordinance, the standard of Section 617 of the MPC applied, rather than the criteria of Pa.R.C.P. No. 1531.