Although there were obvious commercial overtones to the prior operation, the record establishes that the Thayers' primary purpose in maintaining the kennel was their love for dogs and any remuneration received therefrom was incidental. These kennels were constructed by the prior owners, the Thayers, long before the adoption in 1941 of a zoning ordinance prohibiting such use, and it is undisputed that the kennels were maintained continuously by the Thayers for the breeding, raising, occasional boarding, and selling of show dogs. In 1965, James and Ethel Brannon (Intervening Appellees herein) purchased a 12 acre tract of land in Lower Gwynedd Township containing, in addition to a private residence and barn, three concrete dog kennels *130 capable of housing as many as 70 dogs. As no additional evidence was taken by the court below, our review is limited to a determination of whether the zoning board committed a manifest abuse of discretion or an error of law. This is an appeal by protesting neighbors from an order of the Court of Common Pleas of Montgomery County affirming a decision of the Zoning Hearing Board of Lower Gwynedd Township which sustained the continued operation of a dog kennel as a non-conforming use in a residential zone of Lower Gwynedd Township. OPINION BY JUDGE CRUMLISH, JR., May 19, 1975: Manos, for intervening property owners on behalf of appellee.
*129 Arthur Lefkoe, with him, of counsel, Wisler, Pearlstine, Talone, Craig & Garrity, for appellants. May 19, 1975.Īrgued April 4, 1975, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three. Zoning Hearing Board of Lower Gwynedd Township, Appellee.
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