Local municipal laws govern many aspects of our day to day lives that we may not even be aware of. For example, zoning laws and setback requirements govern where we can build structures on our own property, building codes govern how those structures need to be built and maintained, and local shade tree commissions govern where trees must be planted in our cities and towns. A recent Pennsylvania case, Yannone v. Town of Bloomsburg Code Appeal Bd., out of the Common Pleas Court of Columbia County shows how a small business owner’s failure to follow a local ordinance resulted in him paying the bill for a tree in front of his business that he doesn’t want.
Joseph Yannone has operated a restaurant in the town of Bloomsburg, Pennsylvania since about 2013. In 2017, he decided that he wanted a tree to be removed from the front of his restaurant to improve the visual exposure of his restaurant to create more outside seating. Knowing that the local shade tree commission was responsible for managing the trees in the town of Bloomsburg, Mr. Yannone applied for a permit to remove the tree. The shade tree commission granted Mr. Yannone’s request to remove the tree on the condition that he replant a new tree within 6 months, as required by the local ordinance. The local ordinance also allowed Mr. Yannone to replant a narrower tree in a different location so as to not interfere with his business. However, after the tree was removed, Mr. Yannone refused to replant a tree within 6 months. Because he failed to timely replant a tree, the Court held that Mr. Yannone lost his right to choose the location and type of new tree, and the shade tree commission was within its rights to replant a new tree wherever it wanted at Mr. Yannone’s cost.
Whether you are on the board of a local municipality or operating your own business, it is important to understand how local laws interact with businesses in your community, as well as the consequences that could result with a failure to properly follow those laws.
The attorneys of Supinka & Supinka, PC, are experienced in handling local ordinances and municipal laws. For more information and a consultation, please call (724) 349-6768.
