Agenda - Planning Commission - 06/01/1999

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z,g. May 25, 1999 -- Page 5 them their proposed use would be permitted. Nevertheless, the court found the Steckmans in violation of the court order and ordered them to pay more than $9,500 in attorneys' fees to the borough. The Steckmans appealed, arguing they didn't willfully disobey the court's order because they simply relied on the zoning official's statements that they could use the property for record keeping and accounting. The borough claimed the Steckmans' intent was irrelevant and that all that mattered was the fact they violated the court order. DECISION: Reversed, and returned to the trial court. The trial court based the $9,500 award of fees solely on its finding the Steckmans violated its initial order. The court had to reconsider whether the Steckmans' conduct was sufficiently "vexatious" to warrant making them pay the borough's attorneys' fees. The court's order prohibited the Steckmans from selling grave markers on the property, but the zoning ordinance' still allowed them to conduct permitted business functions there. The award of attorneys' fees couldn't be based solely on the civil contempt finding without evidence the Steckmans intentionally and willfully violated the court order. Citation: Borough of Beaver v. Steckman, Commonwealth Court of Pennsylvania, No. 1581 C.D. 1998 (1999). see also: Township of South Strabane v. Piecknick, 686 A.2d 1297 (1996). see also: C.R. by Dunn v. Travelers, 626 A.2d 588 (1993). Playground J Neighbor claims church's playground violated local zoning regulations CONNECTICUT (4/5/99) -- Backiel lived next to property owned by the Long Hill United Methodist Church in the town of Trumbull. The church operated a nursery school and daycare facility on its property and had an outdoor play- ground area adjacent to Backiel's property. The town had granted the church permission to operate the nursery school in 1971, and the daycare center in 1984. Backiel complained to the town about excessive noise at the playground during all hours of the day and evening. She also complained the church leased facilities and outdoor areas to groups that weren't associated with the daycare or nursery. In May 1997, the zoning officer issued a cease and desist order, stating the church's past permit applications didn't include a request for any use outside the school facility. The zoning officer later withdrew the order after the church agreed to create a buffer along its property line. Backiel asked the zoning officer to reinstate the cease and desist order, claiming the buffer area wasn't enough to protect her privacy rights. The zon- ing officer refused to reissue the order, and Backiel appealed to the zoning appeals board. The board held a public hearing and unanimously denied Backiel's appeal. According to the board, the church's use of the playground