Chanceford Aviation v. Tp. Bd.

• Decision Date: 31 May 2007
• Docket Number: No. 79 MAP 2005.,79 MAP 2005.
• Citation: 923 A.2d 1099
• Court: Pennsylvania Supreme Court
• Parties: CHANCEFORD AVIATION PROPERTIES, L.L.P. and Chanceford Aviation, Inc., Appellants, v. CHANCEFORD TOWNSHIP BOARD OF SUPERVISORS, Appellee.

923 A.2d 1099

CHANCEFORD AVIATION PROPERTIES, L.L.P. and Chanceford Aviation, Inc., Appellants, v. CHANCEFORD TOWNSHIP BOARD OF SUPERVISORS, Appellee.

No. 79 MAP 2005.

Supreme Court of Pennsylvania.

Argued December 7, 2005.

Decided May 31, 2007.

Stacey R. MacNeal, Esq., Michael Walter Flannelly, Esq., York, for Chanceford Aviation Properties, L.L.P and Chanceford Aviation.

Timothy J. Bupp, Esq., for Chanceford Township Board of Supervisors.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

Appellants, Chanceford Aviation Properties, LLP and Chanceford Aviation, Inc., own five acres of land in Chanceford Township, York County, upon which a public airport¹ is situated. Appellants are successors in interest to the property's former owner, Loretta Baublitz. Baublitz brought a mandamus action asking the trial court to enter judgment against the Chanceford Township Board of Supervisors, directing the Township to enact a zoning ordinance in compliance with the Airport Zoning Act (AZA), 74 Pa.C.S. § 5911 et seq. The parties filed crossmotions for summary judgment; the trial court granted Baublitz's motion and directed the Township to enact such an ordinance. The Commonwealth Court reversed the trial court's order. For the following reasons, we reverse the Commonwealth Court.

Loretta Baublitz's late husband, Levere, owned and operated a private airport prior to the Township's adoption of a zoning ordinance in 1979. R.R., at 61a. In the early 1980s, Mr. Baublitz received a public airport license from the Pennsylvania Department of Transportation, Bureau of Aviation (PennDOT). Id. The legislature enacted the AZA in 1984. See 74 Pa.C.S. § 5911 et seq. In 1985, every township with a public airport received notice of the AZA's requirements. R.R., at 76a. In 1991, Mr. Baublitz notified the Township of its obligation to adopt an airport hazard zoning ordinance, which he believed the AZA required. Id., at 119a, 125a-26a. The Township discussed an airport hazard zoning ordinance at a number of meetings in 1993 and 1994, but no such ordinance was enacted. Id., at 119a, 128a-30a.

Mr. Baublitz died in 2000, and the license expired since it was in his name only. Id., at 65a. PennDOT, however, issued a "letter of continued operation" authorizing Loretta Baublitz to continue operating the airport. Id., at 66a. PennDOT continues to extend that authorization. See id., at 99a. In January, 2002, Baublitz requested the Township enact an airport hazard zoning ordinance in accordance with the AZA. Id., at 27a. Such an ordinance was discussed at a number of meetings of the Township's Board of Supervisors. The minutes of the January 13, 2003 meeting reflect that airport hazard zoning was discussed, and the Township solicitor stated he and his predecessor discussed the matter, and his predecessor stated unless the airport's owner wanted to bring a mandamus action, the topic should not be approached. Id., at 29a, 120a. Notwithstanding that statement, airport hazard zoning was discussed in subsequent Board meetings during 2003; however, no such ordinance was adopted. Id., at 30a-44a.

In July, 2003, Baublitz filed a complaint requesting the trial court enter a mandamus judgment in her favor directing the Township "to enact a zoning ordinance in compliance with the [AZA], within the shortest time frame permitted by laws governing municipalities and the [AZA]." Complaint, 7/22/03, at 3. The parties filed cross-motions for summary judgment; the trial court denied the Township's motion and granted Baublitz's motion, directing the Township "to enact appropriate airport hazard zoning as required by, and consistent with, the [AZA], within six (6) months of the date of [the] order." Trial Court Order, 4/1/04. In reaching its decision, the trial court examined § 5912(a) of the AZA, which provides:

§ 5912. Power to adopt airport zoning regulations

(a) General rule.—In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this subchapter and in applicable zoning law unless clearly inconsistent with this subchapter, airport zoning regulations for such airport hazard area. The regulations may divide the area into zones and, within the zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow. A municipality which includes an airport hazard area created by the location of a public airport is required to adopt, administer and enforce zoning ordinances pursuant to this subchapter if the existing comprehensive zoning ordinance for the municipality does not provide for the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in an airport hazard area.

74 Pa.C.S. § 5912(a)(emphasis added). The court found "shall" in the first sentence of the statute to be mandatory. Trial Court Opinion, 4/1/04, at 11. It found the legislature used "may" to grant townships discretion as to the content of the ordinances they enact. Id., at 13. The court also found the third sentence "requires Townships with airport hazard areas to enact and enforce airport hazard zoning, if its current zoning does not provide for the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow." Id. The court determined § 5912(a) requires townships with public airports to enact reasonable and necessary airport hazard zoning, but that the content of such ordinances are at the township's discretion, so long as the ordinances meet the legislature's goals and objectives. Id., at 14. The court further determined mandamus was appropriate to compel the Township to comply with § 5912(a). Id., at 7.

The Township appealed. The Commonwealth Court reversed, concluding the AZA does not mandate that "the Township adopt a model airport hazard zoning ordinance that will result in a servitude being imposed on the properties of hundreds of landowners and thousands of acres of property, potentially at the Township's expense, all to favor the owner of a single, privately owned five-acre tract of land." Baublitz v. Chanceford Township Board of Supervisors, 865 A.2d 975, 979 (Pa. Cmwlth.2005). The court noted § 5912's title is "[p]ower to adopt airport zoning regulations"; thus, it concluded § 5912(a) is a grant of power, not a legislative mandate. Id., at 978. The court observed that under § 5915(c) of the AZA, "a municipality `shall adopt, either in full or by reference, any provision of any model zoning ordinance or other similar guidelines suggested or published by the [Federal Aviation Administration] regarding airport hazard areas.'" Id. (emphasis added by Commonwealth Court) (quoting 74 Pa.C.S. § 5915(c)). The court stated § 411 of the Township's Zoning Ordinance contains a provision prohibiting flight obstructions, and a provision incorporating, by reference, FAA and PennDOT standards; therefore, the court concluded, since § 411 incorporates FAA guidelines, it is sufficient to comply with § 5915(c)'s mandate. Id., at 978. Finally, the court reasoned that "[l]anguage is regarded as `mandatory' when it is the `essence of the thing required,'" id. (citing Dubin v. County of Northumberland, 847 A.2d 769, 772 (Pa. Cmwlth.2004)), and § 411 of the Township's Zoning Ordinance fulfills the essence of the thing to be done by the AZA—prevent the creation or establishment of airport hazards. Id.

Baublitz filed a Petition for Allowance of Appeal, which we granted. Prior to argument, appellants filed an Application for Relief for Substitution of Parties Pursuant to Pa.R.A.P. 502(b), requesting this Court to substitute them for Baublitz. The application was granted.

An appellate court may reverse the grant of a motion for summary judgment if there has been an error of law or an abuse of discretion. Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 1221 (2002). Since the issue as to whether there are no genuine issues as to any material fact presents a question of law, our standard of review is de novo; thus, we need not defer to the determinations made by the lower tribunals. Our scope of review, to the extent necessary to resolve the legal question before us, is plenary. Buffalo Township v. Jones, 571 Pa. 637, 813 A.2d 659, 664 n. 4 (2002). We must view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Ertel v. Patriot-News Company, 544 Pa. 93, 674 A.2d 1038, 1041 (1996) (citing Pennsylvania State University v. County of Centre, 532 Pa. 142, 615 A.2d 303, 304 (1992)).

Appellants separate their argument into three sections: whether the AZA mandates the Township enact an airport zoning ordinance; whether § 411 of the Township Zoning Ordinance meets the AZA's requirements; and whether mandamus can compel a local municipality to enact an ordinance mandated by the legislature.

Whether the AZA mandates the Township to enact a zoning ordinance is a question of statutory construction. The purpose of the interpretation and construction of statutes is to ascertain and effectuate the legislature's intent. 1 Pa.C.S. § 1921(a). In construing statutory language, "[w]ords and phrases shall be construed according to rules of grammar and according to their common and approved usage . . . ." Id., § 1903(a). "When the words of a statute are clear and free from all ambiguity, they are presumed to be the best indication of legislative intent." Hannaberry HVAC v. Workers' Compensation Appeal Board (Snyder, Jr.), 575 Pa.66, 834 A.2d 524, 531 (2003) (citing ...