dissenting.
I must respectfully dissent. In this case, the majority affirms a trial court’s grant of a mandatory injunction.1 It finds that the Appellant’s maintenance of a caged tiger at his residence constitutes a nuisance in fact, which it characterizes as an “attractive nuisance.”
Firstly, I submit that the doctrine of attractive nuisance is wholly inapplicable to the facts of this case. Section 339 of the Restatement (Second) of Torts, which has been adopted by the Pennsylvania Supreme Court,2 establishes a theory by which liability may be imposed upon a landowner for injuries to children who come upon his land. Our research has disclosed no cases in which the doctrine has been applied prospectively, to prevent harm which has not yet occurred. As the Supreme Court stated in Cooper v. Reading, 392 Pa. 452, 458, 140 A.2d 792, 795 (1958), “[tjhis doctrine, by its express terms, applies only (emphasis in original) where a possessor of land has maintained (empha*88sis in original) upon that land the structure or artificial condition which has caused harm to children (emphasis added).” There is no evidence in this case that any child has been injured, nor is there evidence that children regularly play3 near the tiger’s cage. (See, e.g., Jennings v. Glen Alden Coal Co., 369 Pa. 532, 87 A.2d 206 (1952), which held that Section 339 was inapplicable where there was no evidence that children regularly played in the area of the accident or passed through it).
Secondly, I must disagree that there was sufficient evidence presented to the trial court to enable it to find that Appellant’s tiger constitutes a nuisance in fact. The five findings of fact which the majority quotes in its opinion are drawn largely from the trial judge’s personal view of the tiger in her cage. From this view, the judge drew certain conclusions with respect to the likelihood of future injury to a person approaching the cage and regarding the inability of the cage itself to contain the tiger once fully grown. However, there was no testimony adduced regarding either of these points at the hearing. In making these findings, the trial court judge was, in effect, serving as a witness. The danger of this procedure was highlighted by this Court in Tid Bit Alley, Inc. v. Erie County Department of Health, 103 Pa. Commonwealth Ct. 46, 59-60, 520 A.2d 70, 76 (1987):
In Cowan v. Bunting Glider Co., 159 Pa.Superior Ct. 573, 575-76, 49 A.2d 270, 271 (1946), the Superior Court stated:
Triers of fact, be they judges, jurors, viewers, board or commissions, may always visit and inspect the locus in quo to secure a better understanding of the evidence and to enable them to determine the relative weight of conflicting testimony. But a view cannot replace testimony; the visual observations of the trier cannot be substituted for testimony; and the only legitimate pur*89pose of an inspection is to illustrate the evidence and provide a base for understanding and comprehending testimony upon the record____ (Citations omitted.)
The rationale, according to Cowan, is that the trier of fact, by relying upon the view as an independent source, could thereby become a witness without taking the witness stand. (Footnote omitted.)
Finally, the deeper problem, I submit, lies in the analogy which the majority draws between the three cases it relies upon involving zoning ordinances and this case, which analogy allows it to reach the nuisance question in the first instance. Those three cases stand for the proposition that a court of equity may intervene to prohibit nuisances in fact despite the fact that zoning authorities have approved the contested use. The Court in Mazeika v. American Oil Co., 383 Pa. 191, 118 A.2d 142 (1955), explained the reasoning behind the allowance of the intervention of equity. Noting that zoning is statutory, and exclusively a matter of law, the Court stated: “[i]t is only where statutory authorities do an illegal act, or one which they have no authority to perform, that equity will grant relief____ There are many instances involving land usage where the existence of a zoning law is of no concern.” Id., 383 Pa. at 194, 118 A.2d at 143 (citations omitted). While the cases the majority cites establish that zoning ordinances which allow a specific use are of no consequence when such use constitutes a nuisance in fact, in my view, they do not support the broader proposition that equity may always intervene to determine whether a given use constitutes a nuisance. Rather, reference should be had to the governing statutes in order to determine whether the body authorizing the contested use has exceeded its statutory authority. Accordingly, I would decide this case on the grounds raised and briefed by the parties, i.e., whether Fairview Township (Township) exceeded its authority in attempting to regulate activities where the legislature has enacted comprehensive legislation.4
*90I begin with an examination of the relevant provisions of the Game Code and its attendant regulations. 34 Pa.C.S. § 103(a) provides: “[t]he ownership, jurisdiction over and control of game or wildlife is vested in the [Game Commission] as an independent agency of the Commonwealth in its sovereign capacity to be controlled, regulated and disposed of in accordance with this title.” 34 Pa.C.S. § 2963 governs the authorization of exotic wildlife possession permits. In pertinent part, that section provides:
(a) Authorization.—The [Game Commission] may issue permits to persons to possess exotic wildlife which shall authorize the holder to purchase, receive or possess exotic wildlife from any lawful source from within or without this Commonwealth.
(b) Shelter, care and protection.—No permit provided for in this section shall be granted until the [Game Commission] is satisfied that the provisions for housing and caring for such exotic wildlife and for protecting the public are proper and adequate and in accordance with the standards established by the [Game Commission]. (Emphasis added.)
As noted in the majority opinion, tigers are included in the definition of “exotic wildlife” in 34 Pa.C.S. § 2961.
The regulations governing the possession of exotic wildlife are found in 58 Pa.Code §§ 147.242-246 and 147.261-262. 58 Pa.Code § 147.261(c) provides that “[e]xotic wildlife shall be housed in a safe and sanitary manner. Failure to provide sanitary surroundings for exotic wildlife or failure to adequately protect the public from exotic wildlife possessed under the act and this subchapter is a violation of this subchapter.” (Emphasis added.) The general safety provisiones contained in 58 Pa.Code § 147.242, which provides as follows:
*91(a) Cage construction shall be sufficiently strong to contain exotic wildlife and protect the animals from injury from other specimens held. A cage considered unsafe by [Game] Commission personnel shall be reconstructed as directed. Reconstruction shall be completed and approved within 10 days after official notification, or before new animals are placed in the cage.
(b) It is unlawful to exhibit exotic wildlife to the public, except a private showing for prospective customers or personal friends.
(c) Exotic wildlife may not be removed from cages or directly exposed to the public. (Emphasis added.)
In juxtaposition to this legislation is the general grant of power to second class townships under Section 702 of The Second Class Township Code. In Commonwealth v. Ashenfelder, 413 Pa. 517, 198 A.2d 514 (1964), and Duff v. Township of Northampton, 110 Pa. Commonwealth Ct. 277, 532 A.2d 500 (1987), allocatur granted, 518 Pa. 645, 542 A.2d 1373 (1988), local ordinances pursuant to Section 702 were held to be invalid in the face of comprehensive state legislation.5 As the Supreme Court pertinently stated in Ashenfelder, 413 Pa. at 521-22, 198 A.2d at 515-16:
it is well settled that townships, political subdivisions of the Commonwealth, possess only such powers as have been granted to them by the legislature, either in express terms or which arise by necessary and fair implication or are incident to powers expressly granted or are essential to the declared objects and purposes of the townships____ Conceding such to be the law, counsel for the township contends the legislature has delegated the necessary power to enact this ordinance by virtue of § 702 of The Second Class Township Code____ [T]he township argues that § 702 grants the ‘widest possible powers to the *92Township Supervisors for the purpose of allowing them to take whatever appropriate measure might be necessary for securing the safety of persons or property within the Township.’ In our view, the township somewhát inflates the legislative delegation of police power under § 702. An examination of § 702 indicates that its language is most inappropriate and inadequate to evidence any intent on the part of the legislature to delegate to second class townships vast and extensive police powers; certainly no intent is manifest or evident to grant powers to second class townships to act in areas where the Commonwealth itself, through legislative enactments, has provided regulation. (Citations and footnotes deleted.)
The Township argues that it is attempting to fill in the gaps the Commonwealth left in the Game Code and its regulations. It contends that both are primarily concerned with the safety, health and well-being of the animals themselves, while its concern is the safety of its citizens. However, a reading of the above-quoted statutory and regulatory sections belies that assertion. The Game Commission is given the responsibility to ensure that no permit will be granted unless it is satisfied that “provisions ... for protecting the public are proper.” 34 Pa.C.S. § 2963. The Township is essentially arguing that it is not satisfied that the Game Commission has properly executed its statutory duty because it has granted Appellant an exotic wildlife possession permit for an area the Township feels is inappropriate and potentially dangerous.
Appellant responds that equitable relief under these circumstances is not proper because, if the Township believes the Game Commission regulations are inadequate or incomplete, it has an adequate remedy at law in the form of a ■petition filed with the Game Commission pursuant to 1 Pa.Code § 35.18 to request a hearing. That section provides:
A petition to an agency for the issuance, amendment, waiver or repeal of a regulation shall set forth clearly and concisely the interest of the petitioner in the subject *93matter, the specific regulation, amendment, waiver or repeal requested, and shall cite by appropriate reference the statutory provision or other authority therefor. The petition shall set forth the purpose of, and the facts claimed to constitute the grounds requiring, the regulation, amendment, waiver or repeal. Petitions for the issuance or amendment of a regulation shall incorporate the proposed regulation or amendment.
In Duff, we specifically recognized the availability of this remedy to a township which believed its citizens were endangered by inadequate Game Commission regulations. Significantly, it should be noted that the Township here has not attempted to avail itself of this remedy to protect its citizens from this perceived danger.
Accordingly, I would hold that the Township has not shown that it has a clear right to the equitable relief granted, and that it has an adequate remedy at law. I would reverse.
. We have held that, for a mandatory injunction to issue, the party seeking the injunction must have established a clear right to relief. Moyer v. Davis, 67 Pa.Commonwealth Ct. 251, 446 A.2d 1355 (1982), aff’d, 501 Pa. 192, 460 A.2d 754 (1983). In addition, that party must present a stronger case than that required for a restraining-type injunction and must demonstrate that it will suffer irreparable harm if immediate relief is not granted. Allen v. Colautti, 53 Pa. Commonwealth Ct. 392, 417 A.2d 1303 (1980). Here, injunctive relief has been granted to eliminate a possible future injury, i.e., because the threat of potential future injury exists. We have held that injunctive relief is not available to eliminate possible remote future injury or invasion of rights. Jamal v. Commonwealth, 121 Pa. Commonwealth Ct. 42, 549 A.2d 1369 (1988).
. See, e.g., Bartleson v. Glen Alden Coal Co., 361 Pa. 519, 64 A.2d 846 (1949).
. The only evidence of children playing in the vicinity of the tiger’s cage was from Appellant’s neighbor who, in response to a question from the trial judge, responded that he had seen children pet the tiger through the fence in Appellant’s presence.
. A second class township’s power to prohibit nuisances or to protect the health, safety and welfare of its citizens arises via statute. See *90Section 702 of The Second Class Township Code, Act of May 1, 1933, P.L.103, as amended, 53 P.S. §§ *65712, 65747. Similarly, the Pennsylvania Game Commission’s (Game Commission’s) power to regulate and control exotic animals within this Commonwealth is statutory. See the provisions of the Game and Wildlife Code (Game Code), 34 Pa.C.S. §§ 101-2965.
. Although the Township attempts to distinguish the facts here from those of Ashenfelder and Duff on the grounds that it has not enacted an ordinance, I fail to see the distinction between a township which has enacted an invalid ordinance pursuant to Section 702 and one which claims the right to act pursuant to that same section without going through the process of enacting an ordinance.