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Marshall v. East Bradford Twp. Bd. of Supervisors

Pennsylvania Commonwealth Court

February 17, 2021

In Marshall v. East Bradford Twp. Bd. of Supervisors, the plaintiff landowners appealed the order of the trial court that denied their conditional use application for a bed and breakfast (B&B). The order affirmed the Board of Supervisors of East Bradford Township (“Supervisors”) that the proposal to use a barn for special events at the B&B was not authorized by the Township Zoning Ordinance. The Commonwealth Court reversed. The Court ruled that, based on how the barn was used, it was not an accessory structure subordinate to the main house. Therefore, the barn could be used for a use permitted in the R-2 Zoning District. Since the barn was not accessory to the main House, the trial court erred when it ruled that the landowners could not use the barn for the common area calculation for the special events outlined in the Zoning Ordinance.

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