Walker v. Ehlinger

CASTILLE, Justice,

dissenting.

The majority holds that the concrete barriers appellant placed on his leased property to block vehicles from entering are not tantamount to “structures” and that, therefore, appellant did not need a budding permit to erect such a blockade. Because I believe that the majority’s interpretation of “structure” is too narrow and allows appellant to avoid the requirements set forth in the zoning ordinance at issue, I respectfully dissent.

Whde the Statutory Construction Act specifically applies to construction of state statutes, the principles enumerated therein are applicable in the interpretation of municipal ordinances. Francis v. Corleto, 418 Pa. 417, 211 A.2d 503 (1965). With this in mind, the majority correctly points out that the disputed zoning ordinance requires a building permit in order for a party to erect or place “structures” upon one’s property and that the term “structures”, as defined by the ordinance, means “that which is budt or constructed.”1 The ordinance, however, does not define the meaning of the terms “budt” or “constructed”.

*303In turning to other commonly accepted sources, these terms have been defined as follows. “Construct” is defined as:

to build; erect; put together; make ready for use.. To adjust and join materials, or parts of, so as to form a permanent whole. To put together constituent parts of something in their proper place and order.

Black’s Law Dictionary 312 (6th ed. 1993).2 Webster’s New World Dictionary defines “construct” as:

to build, form, or devise by fitting parts or elements together systematically; something built or put together systematically.

Webster’s New World Dictionary 299 (3d College ed. 1994). Webster’s New World Dictionary also defines “build” as:

to make by putting together materials, parts, etc.; construct; erect; to order, plan, or direct the construction of; to cause to be or grow; create or develop.

Webster’s New World Dictionary 183 (3d College ed. 1994). Using these definitions, I would find that the placing of the eight man-made two-ton each concrete barriers, which the majority concedes are “virtually immovable”, next to one another in a systematic and orderly manner for the intended purpose of making what amounts to an approximately sixty-four foot long three foot high concrete wall to prevent vehicles from trespassing onto appellant’s property is tantamount to actually building or constructing a cement wall on the property in question.3 The majority reasons that since the barriers were “not joined to one another” and were not “affixed” to the land, they were not “built” or “constructed” and therefore did *304not singly or collectively constitute a structure or structures. None of the definitions relied upon by the Majority, however, impose such requirements and such a strict view fails to consider the effect of the barriers as a whole, that is, that they constitute in no uncertain terms a massive wall of concrete. Hence, I would find that appellant’s placement of the eight concrete barriers upon his leased property for the purpose of preventing alleged vehicular trespass is tantamount to the erection of a wall around his property for which a permit, is and was, required.

The majority opinion’s ruling now allows for the proliferation of these monolithic concrete structures without permits, at least throughout Doylestown. Similar to Breezewood, Pennsylvania, which lures visitors by touting itself as the “Town of Motels,” perhaps as a result of the majority’s ruling, Doylestown can make the best of a bad situation and can now attempt to lure visitors by advertising itself with a new snappy appellation: “Doylestown, Town of Concrete Traffic Barriers.”

. Chapter 5, Part 1 § 101 of the Code of Ordinances for the Borough of Doylestown adopted the BOCA National Building Code/1990, Eleventh Edition for the purpose of establishing rules and regulations for, inter alia, building permits. Article 2, Section 201.0 of the BOCA Code defines a "structure” as "that which is built or constructed.” Hence, this definition is incorporated by reference into the ordinance at hand for purposes of this appeal. I would note that if this definition were not applicable, Webster’s New World Dictionary defines "structure," in pertinent part as: "manner of building, constructing, or organizing Webster’s New World Dictionary 1329 (3d College Ed.1994). Using this common definition, there is no doubt that the cement barriers organized in the manner that they are would constitute a structure.

. Black’s Law Dictionary does not provide a definition of "build” or “built”.

. Notwithstanding that where a statute provides definitions, we are bound to construe the statute according to those definitions, 1 Pa.C.S. § 1903(a), the majority goes beyond the definition of structure provided and relies, instead, upon Black’s Law Dictionary and the Pennsylvania Municipalities Planning Code definition of "structure” to conclude that the barriers at issue here are not "structures.” I believe this constitutes error under 1 Pa.C.S. § 1903(a) for sources outside the ordinance itself should be used only to define terms not already defined by the ordinance. 1 Pa.C.S. § 1903; see also Fidler v. Zoning Board of Adjustment *304of Upper Macungie Township, 408 Pa. 260, 182 A.2d 692 (1962) (only where a township ordinance fails to define terms must it be interpreted and applied in accordance with its usual and generally accepted meaning); Hodges v. Rodriguez, 435 Pa.Super. 360, 645 A.2d 1340 (1994) (where statute provides internal definitions, courts are bound to construe statute according to those definitions).