Visionquest National, Ltd. v. Board of Supervisors

ZAPPALA, Justice,

dissenting.

In reaching its desired result, the majority has concluded that the Visionquest facility was not an educational facility within the meaning of the conditional use section of the Honey Brook Township Zoning ordinance. The majority states that the facility is a penal institution when the finding of the Board regarding the educational status of the facility has not been challenged in this appeal or elsewhere.

I am puzzled as to why the majority carries out the charade of considering whether or not the protestors met their burden of showing that the use was detrimental to the neighborhood. It is clear that the evidence relied on in this regard consisted of mere “bald assertions, personal opinions, and perceptions” of the use and its effect on the neighborhood and does not support the conclusions reached by the majority. Commonwealth of Pennsylvania, Bureau of Corrections v. City of Pittsburgh, 516 Pa. 75, 532 A.2d 12 (1987).

The inadequacy of this evidence to support a finding of detriment to the neighborhood has led the majority to reach an issue that ought not be addressed. Clearly, the proper scope of review exercised by this Court has been exceeded by the majority’s sua sponte review of the Board’s conclusion that the facility was an educational use. By reviewing *118issues not raised before this court, the majority has denied to Appellee the opportunity to address the issue of whether the facility was an educational use before it was decided. In the face of inadequate evidence to support a finding of detriment, the majority has buttressed its decision with a finding it was not asked to make.

For the above reasons, I would affirm the decision of the Commonwealth Court.