RV Community Objects to Court's Park Model Ruling
Contention continues between Lake Adventure Community Association and Dingman Township near Hawley, Pa., over allowing 12-foot wide 12-wide park models. In the latest round, Lake Adventure has filed appeals of the Zoning Hearing Board’s decision to the Court of Common Pleas of Pike County, the News Eagle, Hawley, reported.
On Jan. 5, 2012, Judge Dan Pellegrini, on behalf of a three-judge panel of the Pennsylvania Commonwealth Court, issued a ruling which rejected various positions taken by the Lake Adventure in opposition to Dingman Township’s Zoning Ordinance.
Judge Pellegrini affirmed the decision of Judge Joseph Kameen, Pike County Court, that the Township Zoning Hearing Board is the proper place for a decision on the merits of the claims of Lake Adventure. Pellegrini further stated that those claims are without merit.
Lake Adventure issued a statement this past week noting that the community is pursuing all legal avenues to pursue the expansion and replacement of older RV park trailers with the new 12-foot-wide RV version.
“Lake Adventure cannot forgo its property owners’ legal rights” stated Tammy Clause, chief legal counsel for Lake Adventure. “There have been many misrepresentations about the Lake Adventure Community Association regarding the operations of Lake Adventure Community and the placement of 12-foot-wide recreational vehicle park trailers which require clarification.”
According to the township, Lake Adventure takes the position that the township has no power to regulate what types of recreational vehicles could be placed within Dingman Township.
“They believe that state and federal law establish the standards for recreational vehicles and that the Township had no power to deviate from that. They cited manufactured home standards and Pennsylvania Vehicle Code standards in support of their claim,” a township press release notes. Judge Pellegrini stated, “We have reviewed those provisions and do not see how they in any way pre-empt local zoning.”
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