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In re Thompson, 896 A.2d 659

Facts

Orleans Homebuilders, Inc. and Orleans Corporation sought conditional use approval from the Horsham Township Council to disturb a riparian corridor conservation district for a subdivision project. The property, approximately 39.5 acres, included a watercourse and was subject to specific zoning regulations. After a series of public hearings, the council approved the application with conditions, but nearby residents Edwin and Karen Thompson appealed the decision to the trial court, which reversed the council's approval without taking additional evidence.

Orleans Homebuilders, Inc. is the equitable owner of property located on the northwest corner of Welsh Road and Mann Road in Horsham Township, Montgomery County (Property). The Property is approximately 39.5 acres and is located in an R–2 zoning district (low density residential district) as established by the Horsham Township Zoning Ordinance (Ordinance), as amended.

Issue

Did the trial court err by substituting its judgment for that of the township council and making its own findings of fact and conclusions of law regarding the conditional use application?

Did the trial court commit an error of law and/or abuse of its discretion by substituting its judgment for Council and finding contrary to Council that the landowner failed to sustain the burden of proof required for the relief requested in the conditional use application?

Rule

A reviewing court must defer to the local agency's findings of fact and credibility determinations unless there is an abuse of discretion or an error of law.

A reviewing court must accept the credibility determinations made by the municipal body which hears the testimony, evaluates the credibility of the witnesses and serves as fact finder.

Analysis

The Commonwealth Court found that the trial court improperly substituted its judgment for that of the township council, which had conducted extensive hearings and developed a complete record. The council's findings regarding the conditional use application were supported by substantial evidence, and the trial court's interpretation of the zoning ordinance was deemed erroneous. The court emphasized that the conditional use approval process does not require detailed design compliance at this stage.

In this matter, Council conducted 17 evidentiary hearings and has developed a full and complete record. Because a full and complete record was made before the Council, it is that body and not the trial court which is the ultimate factfinder in these proceedings.

Conclusion

The Commonwealth Court reversed the trial court's decision and upheld the township council's approval of the conditional use application, denying the appellants' request for reimbursement of costs.

We, therefore, conclude that the trial court exceeded its authority by making its own findings of fact and conclusions of law in the case sub judice.

Who won?

Orleans Homebuilders, Inc. and Orleans Corporation prevailed because the Commonwealth Court found that the township council's decision was supported by substantial evidence and that the trial court had exceeded its authority.

Appellants contend that Council did not err or abuse its discretion in making determinations concerning the weight of evidence and credibility of witnesses and that the trial court exceeded its authority by substituting its judgment for that of Council. We agree.

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