King v. Township of East Lampeter, Civil Action No. 97-CV-5034.
| Decision Date | 13 August 1998 |
| Docket Number | Civil Action No. 97-CV-5034. |
| Citation | 17 F.Supp.2d 394 |
| Parties | Jonathan G. KING, and Sarah S. King, Plaintiffs, v. The TOWNSHIP OF EAST LAMPETER, John W. Shertzer, individually and in his official capacity, Glenn L. Eberly, individually and in his official capacity, Wil Sollenberger, individually and in his official capacity, J. Jacob Bare, individually and in his official capacity, Mike Landis, individually and in his official capacity, Ralph M. Hutchison, individually and in his official capacity, Zoning Hearing Board, Ralph A. Hendershott, individually and in his official capacity, Russell E. Latschar, individually and in his official capacity, Dale Schmitz, individually and in his official capacity, R. Lee Young, individually and in his official capacity, and Tammy Lantz, Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
James W. Harris, Caleb Nichols, York, PA, for Plaintiffs.
Elizabeth A. Hambrick-Stowe, Lancaster, PA, Frank J. Lavery, Jr., Harrisburg, PA, for Defendants.
Jonathan and Sarah King have asserted several claims against the Defendants under both state and federal law. The circumstances under which these claims arise involve a long and often abrasive relationship between the Plaintiffs and the Township of East Lampeter (the "Township") and several of its officials. Defendant Lantz is the only individual Defendant who is not affiliated with the Township in some official capacity. She is represented by separate council and has filed her own motion for summary judgment. The remaining Defendants have also filed a motion for summary judgment, attacking the Plaintiffs' claims on their merits and asserting several affirmative defenses. The Plaintiffs have filed their own motion for summary judgment, and have opposed the motions filed by the Defendants. We note that jurisdiction in this matter is appropriate under 28 U.S.C. §§ 1331 and 1367.
Apart from the summary judgment motions, we must also consider two other motions which have been submitted by the parties. First, we must address a joint motion to strike submitted by the Defendants. This motion seeks to strike the Plaintiffs' summary judgment motion and brief in opposition to the Defendants' motions, because they are allegedly untimely. Second, we must consider the Plaintiffs' motion for leave to amend their complaint by adding two additional defendants. This motion is opposed by all of the Defendants. We will address these preliminary matters before moving on to the issue of summary judgment.1
Summaries of the relevant facts have been prepared by each of the parties. The Township and Township officials have submitted a Statement of Facts consisting of 127 numbered paragraphs. Defendant Lantz concurs with and briefly supplements the Statement of Facts submitted by these Defendants. The Plaintiffs have not responded to the numbered paragraphs individually, and have instead prepared their own narrative summary of the facts.
On balance, the Defendants' summary is the most helpful. The Plaintiffs have failed to cite the relevant portions of the record which support their narrative. Nevertheless, we have reviewed the voluminous exhibits submitted by all of the parties. Having done so, we find that the following summary presents an accurate depiction of the individuals, events, and conduct relevant to this dispute.
Nearly nine years before the first zoning ordinance was enacted by the Township, the Plaintiffs began operating a woodworking shop in Whitmer, East Lampeter Township. Plaintiffs' Exhibit N.
Later, a Charter was obtained by the Plaintiffs on October 25, 1966, and the Whitmer Co. was incorporated to operate under the laws of Pennsylvania. By virtue of its corporate charter, the company was vested with broad and inclusive powers to manufacture and sell complete kitchens, billiard tables, specialty millwork, cabinets, and woodworking, along with all powers incident thereto. Plaintiffs' Exhibit B.
Other than selling off some of the furniture which was already being stored on the property when a court enjoined the Plaintiffs from doing business, Mr. King testified that he retired from the furniture and woodworking business at the end of 1996. Deposition of Jonathan G. King, taken April 2, 1998 ("King Dep.") at 8-9, 14.
Very little is said about Mrs. King in the record. It does not appear that she has an ownership interest in her husband's business, see Deposition of Tammy Lantz, taken May 4, 1998 ("Lantz Dep.") Exhibit 1, nor has her deposition been taken by any of the Defendants.
East Lampeter's Township Manager is Ralph M. Hutchison. Defendant Hutchison has served in this capacity since December 1, 1991. Defendants' Exhibit H.
Several members of the Township's Board of Supervisors have also been named as Defendants. John W. Shertzer currently serves as Chairman of the Board of Supervisors, and Glenn L. Eberly currently serves as Vice-Chairman of the Board of Supervisors. Wil Sollenberger, J. Jacob Bare, and Mike Landis are the remaining current members of the Board of Supervisors. Defendants' Exhibit A.
Little information is provided about Ralph A. Hendershott in the record. Defendant Hendershott currently chairs the Zoning Board of the Township. Id.
Until August of 1997, Russell E. Latschar served as the Zoning Officer for the Township. Defendant Latschar currently serves as the Secretary of the Zoning Hearing Board. In his capacity as Zoning Officer, Defendant Latschar would from time to time photograph properties and conditions which he believed to be in violation of local zoning ordinances. Defendants' Exhibit G.
Also named as a Defendant in the suit is Dale Schmitz, who is currently a member of the Zoning Hearing Board of the Township. Defendants' Exhibit A.
Next in the line of Defendants is R. Lee Young, who is currently the Zoning Officer of the Zoning Hearing Board. Defendant Young was formerly the Secretary of the Township's Zoning Hearing Board. Id.
All of the above Defendants are now, or have previously been affiliated with the Township in some official capacity. For the sake of convenience, this Court will refer to the Defendant Township, Defendant Zoning Hearing Board, and the individual Defendants named above as the "Township Defendants."
Defendant Tammy Lantz lived across the street from the Plaintiffs at 427 Mount Sidney Road, Township of East Lampeter, from April 1990 until approximately August 1997. Plaintiffs' Exhibit P at 4-5.
From the Spring of 1994 until June of 1995, Defendant Lantz took photographs of the Plaintiffs' property either from Ms Lantz's property or from a public road running along the southern boundary of the Plaintiffs' property. Lantz's Exhibit 2 ¶ 6.
Photographs taken by Defendant Lantz were admitted into evidence on September 26, 1996, during a hearing in the Lancaster County Court of Common Pleas where Defendant Lantz testified about the condition of the Plaintiffs' property. Id.
None of the photographs taken by Defendant Lantz show people. Lantz's Exhibit 2 ¶ 7.
Defendant Lantz was not compensated for taking any of the aforementioned photographs. At one time someone from the Township may have offered to reimburse her for the price of the film and the cost of developing the film, but any such offer was rejected by Defendant Lantz. Lantz's Exhibit 2 ¶ 9.
When Defendant Lantz learned that the Township was bringing legal proceedings against the Plaintiffs for alleged zoning violations, she volunteered to testify against the Plaintiffs. Lantz's Exhibit 2 ¶ 10.
At the time she volunteered to testify, Defendant Lantz believed that the Plaintiffs were in violation of zoning regulations because of a commercial sign which was displayed on the Plaintiffs' property. Id.
The property involved in this suit is located in East Lampeter Township, at 428 and 430 Mt. Sidney Road. King Dep. at 9-11.
There are three structures on the property, including a house, an office building, and a woodworking shop (also referred to as the "mill building"). See Defendant Lantz's Exhibit 2(A). The address of the house is 428 Mt. Sidney Road, the address of the office is 430 Mt. Sidney Road, and the mill building straddles both tracts. King Dep. at 194.
The office building has been used to store and display furniture. See King Dep. at 23-24.
At various times a sign reading "Whitmer Furniture Co., Inc." has been displayed in the office building, and a sign reading "Whole Sale Furniture, Distributor Manufacturer, Lowest Prices Around, 400 Bedroom Suites, 200 Dining Room Suites, 500 Living Room Suites" has been propped near the road, between the office building and home. See e.g., Defendant Lantz's Exhibit 2(B) at 9, 12, 13.
In approximately 1970, the Township adopted its first zoning ordinance (the "Zoning Ordinance"), and the Plaintiffs' business operation became a nonconforming use in an R-2 (residential) zoning district. See Complaint at 6; King Dep. at 24.
On September 3, 1971, the Plaintiffs claim to have been granted a special exception to expand the mill building, subject to certain conditions, including "that no outside storage would be permitted which would detract from the appearance of the neighborhood." See Complaint at 6; King Dep. at 36.
Subsequently, the Plaintiff applied for a special exception regarding an addition to the mill building. This addition had been partially built prior to the request, and the Plaintiffs' request was denied by the Township's Zoning Hearing Board. On June 21, 1976, Judge Paul A. Mueller, Jr. of the Court of Common Pleas2 affirmed the Zoning Hearing Board. Judge Mueller issued...
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