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Injunction request against road stand is denied

Published January 28. 2013 05:07PM

West Penn Township's petition seeking a temporary preliminary injunction to bar Stephen C. Dunn, of 59 Peach Drive, New Ringgold, from re-opening his seasonal commercial road stand at the intersection of state routes 309 and 443 in the village of South Tamaqua in the Spring of 2013, was denied by Judge Jacqueline Russell in a ruling handed down in Schuylkill County court.

In an opinion accompanying her ruling Russell stated "The township in seeking court action does not request a hearing or identity witnesses to be presented at the hearing which is a necessity for granting an injunction in a contested matter. The township contends that Dunn operated a business until November 2012, contrary to directives set forth in the enforcement notices issued in June 2012 because of violating township ordinances.

"The township also states Dunn filed appeals from the enforcement notices in question that a decision by the West Penn Township Zoning Hearing Board was entered on December 5, 2012 and Dunn appealed on December 31, 2012. The township is seeking a preliminary injunction to enjoin Dunn from operating his business until he files for and receives various permits approved."

Russell continued,"The township's request for preliminary injunction relief is based on action it anticipates Dunn will make in the future and nothing is alleged indicating that a threat of immediate harm exists and that time or that relief will be necessary to resolve the immediate suit. The injunction relief is premature."

Dunn's appeal from the township's zoning hearing board rulings is still to be decided by the court. He has appealed from being charged with violating the township's driveway ordinance, failure to obtain a zoning permit for filling, excavation and grading, for erecting a canopy over his stand, seasonal roadside stand and portability by expansion of the business without a permit, failure to acquire an occupancy permit, failure to secure a permit for use of an ice cream truck, failure to obtain a permit for putting up a sign advertising Dunn's Farm Market.

He also appealed the township's enforcement notice that a Land Development Plan was required for the property. The zoning hearing board ruled it does not have the jurisdiction in matters involving land development plans. Dunn in his appeal denies he has violated any of the ordinances.

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