Borough of Trappe v. Longaker
Borough of Trappe v. Longaker
Opinion of the Court
Opinion by
The Borough of Trappe (Borough) appeals from a decision and order of the Court of Common Pleas of Montgomery County. For the reasons set forth herein, we must reverse the decision of the trial court. '
This case evolves from a sea of litigation commencing in 1977 when Bruce Longaker (Longaker); as the owner of property situated at 132 West 7th Avenue in the Borough, filed a curative amendment, which would allow him to use his property as a junkyard. In response to Longakers petition, the Borough on April 13, 1977 enacted Ordinance No. 183-D which deléted..the Boroughs prohibition against junkyards and permitted the use of property as a junkyard in an. LI-Limited Industrial District. On May 2, 1977, the Borough .enacted the Borough of Trappe Junkyard Ordinance, Ordinance No. 202, which regulated the establishment and maintenance of junkyards and scrap yards in the Borough.
On February 2, 1982, the Borough adopted Ordinance No. 223 which regulated the use of property as a junkyard.
On October 11, 1985, the Borough filed a complaint in equity alleging that: (1) Longaker is in violation of Borough ordinances; (2) Longakers junkyard business does not comply with setback and side yard requirements; and (3) Longaker has failed to obtain the necessary licenses in order to operate his junkyard. The Borough contended that Longaker should be enjoined from operating his business or in the alternative that he be required to comply with orders previously issued by the Court of Common Pleas of Montgomery County.
On June 2, 1987, the trial court, after hearing, issued a decision and order which directed Longaker to first submit plans to the Boroughs planning commission as required by Article X, Section 1016 of Ordinance No. 183 if he wished to expand his junkyard operation. The trial court further indicated that Longaker should comply with Ordinance No. 223 (i.e. file an application for a license to operate a junkyard) as well as Ordinance No. 183 except Section 1012 of Ordinance No. 183 relating to area, width and side yard requirements. The Borough appealed this order with respect to that portion which exempted Longaker from compliance with the area, width and side yard requirements of Section 1012.
Section 1012 of Ordinance No. 183 provides:
A. Lót, Area and Width. No LI-Limited Industrial District shall be less than ten (10) acres and no individual lot will be less than two (2) acres with a -minimum width of two hundred (200) feet at the building line.
B. Front . Yard. The required minimum front yard shall be fifty (50) .feet, in depth measured from the ultimate right-of-way line.
C. Side Yards., There shall be two (2) side yards each of which will not be less than thirty (30) feet in width, subject to exception hereinafter set forth, in Section 1013.
D. Rear Yards. The required minimum depth of a rear yard shall be forty (40) feet subject to exception hereinafter set forth' in Section 1013.7
It is a cornerstone principle in equity that when the legislature provides a statutory remedy, equity has no place. Caserta v. Milford Township, 35 Pa. Commonwealth Ct. 598, 387 A.2d 495 (1978). An action in equi
Accordingly, for the reasons set forth herein, we must reverse the trial courts order as to that portion which exempted Longaker from the area, width and side yard requirements of Section 1012.
Order
And Now, this 30th day of September, 1988, the order of the Court of Common Pleas of Montgomery County in the above-captioned matters is reversed to' the extent that the trial court exempted Longaker from the area, width and side yard requirements of Section 1012.
Ordinance No. 202, Section 3 requires any person engaging in business as a junk dealer to obtain a license from the Borough Council. • ' •
The record indicates Longaker erected a fence around his property as mandated by order of court.
This order of the court of common pleas was affirmed by the Commonwealth Court in Borough of Trappe v. Longaker, 59 Pa. Commonwealth Ct. 572, 430 A.2d 713 (1981).
The record reveals that Ordinance No. 223 is similar to Ordinance No. 202, i.e. a person operating a junkyard is required to obtain a license. However, Ordinance No. 223 expands upon the requirements for a person seeking to operate a junkyard in that an applicant is required to submit a plot plan of the premises used or to be used in connection with the license.
The record reveals that there is one fence surrounding 132 and 150 West 7th Avenue. The record further discloses that Longaker has not at any time submitted plans to the Borough with respect to the use of 150 West 7th Avenue as a junkyard.
Although Longaker also filed a petition for review at No. 2655 C.D. 1987, he has not pursued his arguments before the Court; therefore, we cannot consider them.
Section 1013 relevantly provides:
In no case shall any building or structure be erected closer than'one hundred (100) feet to any residence district nor any parking area closer than fifty (50) feet to any residence district. The first -fifty (50) feet fronii the property line shall be devoted to buffer areas to be-maintained as green areas covered by well maintained lawns, evergreens and suitable tree and shrub plantings. ■
Also see Ryan, Pennsylvania Zoning Law and Practice, Section 9.1.5.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.