Agenda - Planning Commission - 07/11/2007

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June 15, 2007 I Volume 1 I No. 12 Watson had requested a directed verdict during the trial and was denied. On appeal, Watson challenged that decision. However, he re- lied on an il1.applicable legal principal in the initial request. Only a jury renders a verdict; trial courts rendered judgments. He should have requested that the court dismiss the case, but even that request would have been denied given the weight of the evidence. The case focused on whether Watson grew or produced the major- ity of the items for sale at his market. At trial, Tillman and the previ- ous zoning inspector testified that most of the items for sale were pre- , packaged or bottled, making it clear that rhey were bought for resale and not produced on the farm. The court also viewed the market at the beginning of the trial and found Tillman's assessment to be reason- able. Watson's tax returns also indicated that more than 50 percent of his sales came from resale items. Watson testiL-'1ed that the tax returns did not accurately reflect the source of these items and that significantly more than the required half of the farm market's sales came from the. sale of items raised on the farm. Watson also produced a sales analysis that showed between 56 and 61 per~ent of sales came from produce raised on the farm, but the court found this evidence to be less credible than the tax returns and the observations made at the farm. Because a trial court was given deference with regard to credibility determinations, and because the burden was on Watson to show that his farm was exempt under the ordinance and could not, the appeals court could not find the lower court's decision contrary to the law or the weight of the evidence. The decision of the lower court was affirmed. Ordinance-Property owner challenges ordinance placing weight limitations on local roads Claims limits designed to discourage mining business Citation: Blackwood, Inc. 1/. Township of Reilly, 2007 WL 1452492 (Pa. Commw. Ct. 2007) PENNSYLVANIA (05/i8/0l)-In late 2003 or early 2004, a coal mining company asked the township of Reilly for permission to drive 40-ton dump trucks on Flicker Road, which had a two-ton weight limit since sometime before the year 2000. In considering .this re- quest, the toVitilship conducted an engineering and traffic study of "roadway geometric review, traffic volume, pavement analysis, and a past highway breakup review." As a result, the township ultimately adopted an ordinance that set weight limits varying from two to ten tons on four roads: Black Dia- 5 101