2136 for purposes of this appeal. Just as rural residents depend upon the city, urban dwellers seek and even require the beauty of the countryside. 52 C.D. 4.01 The total watershed comprises 18,600 acres. The hotel was losing money, and maintenance costs were escalating. of Pittsburgh et al., 362 Pa. 13, 66 A.2d 295, 296 (1949);  see also Commonwealth v. Wiand et al., 151 Pa.Super. An abuse of discretion occurs when a judgment is manifestly unreasonable. they are suppose to mow all comon areas well that is a laugh myself and my neighbors take care of … 12.09 The State Conservationist relied on technical personnel in the soil conservation services with respect to landscaping plans for the proposed dam, including seeding and arboreal work. By 1977 the Buck Hill Falls Company was struggling with the economics of owning and operating the Inn. (Id. Use of this low and inaccurate interest rate is itself enough to bring the benefits to costs ratio below 1:1. 666, 16 U.S.C. Appellant argues that the Poultry Covenant is clear and unambiguous, and, since Appellees' chickens are poultry, they are prohibited. they are suppose to mow all comon areas well that is a laugh myself and my neighbors take care of the area around our pond. 7.06 Brown trout will die after several hours if the water temperature rises to 73 degrees. All … 5.24 The depth of water in the dam at normal level is 25 feet. In addition, because we conclude that chicken houses are prohibited under the Chicken House Covenant we will not address Appellant's argument that the trial court erred in finding that BHFC's enforcement of the Chicken House Covenant was arbitrary. By Order dated August 22, 2000, both the petition for a permanent injunction and Appellees' counter-claim were denied. As owner of the Inn and the stream, Buck Hill Falls Company stocks the stream and assures access to all the public who use the Inn. These factors may cause Buck Hill Creek permanently to lose its present character as a cold water trout fishery. 14.23 Defendants acted illegally in applying the pre-1969 interest rate since they did not have satisfactory assurances of non-federal aid in 1969. . The earth material for construction of the dam will come from the excavation of the emergency spillway and a borrow area on the west abutment extending upstream from the dam. Medical Education. ¶ 22 Therefore, we reverse the trial court's final decree and remand for the sole purpose of determining whether Appellant is entitled to attorney's fees. at 4) [hereinafter “Chicken House Covenant”]. 2d 974 (1972). The commands of the National Environmental Policy Act are clear. Staving off nursing home abuse in Buck Hill Falls PA by choosing an appropriate facility that will support residents’ rights and maintain basic human dignity. We agree. See Save Our Ten Acres v. Kreger, 472 F.2d 463 (5th Cir. The Act also authorizes the Secretary of Agriculture, upon approval by the local sponsoring agencies, "to make allocations of costs to the various purposes [of the project] to show the basis of such allocations and to determine whether benefits exceed costs;" 16 U.S. C. § 1003. Inquiries have raised significant questions regarding the effects on aesthetics, fisheries and the economic merits of the projects, none of which have been conclusively determined. 8.09 The Pennsylvania Fish Commission asked that the cold water bypass receive three quarters or the water flow so as to assure proper temperature below the dam when the water from the cold water bypass mixes with the water from the dam. An experienced Buck Hill Falls PA car accident lawyer can assist car accident victims recover damages when a car accident leaves them with short term and/or lifelong residual personal injury, property damage, or wrongful death losses. See 42 U.S.C. 9.01 Defendants have considered alternatives to the proposed dam from the point of view of avoiding or minimizing environmental damage. Find the latest Institutional Holdings data for Buck Hill Falls Co (BUHF) at Nasdaq.com. 4. The National Environmental Policy Act requires that federal agencies engaged in "planning and in decision making which may have an impact on man's environment . 14.21 The cumulative effect of the project and related actions is significant and requires an EIS. 13.07 The normal time span for preparation of the full environmental impact statement is one year. (c) The acre feet of flood water storage. 11.03 The dam will be clearly visible from the Buck Hill Falls area by its location less than 300 feet from the major highway in this area and immediately adjacent to the major golf course. 1.07 The Plaintiff Gee spends 35% of his time at Buck Hill Falls and intends ultimately to retire there. The long-term effect on man's larger environment which may be caused by the construction of the challenged dam has not been adequately considered. ¶ 12 In the instant case, the fact that the judge presiding over the preliminary injunction stage of proceedings indicated that Appellant would be successful in its petition for a permanent injunction did not set a precedent for the replacement judge to follow. 3.01 The impetus for the project arose from the flood of 1955. 2.04 Five or six of the 100 people who met to discuss the proposed dam had single permanent residences in the area. 12.06 The Negative Declaration for PA-466 filed lists no benefits for this dam alone except under the paragraph relating to planned action which states that the dam will provide 931 acre feet of flood storage during a 100 year storm and will have a normal pool of 7.7 acres. 7.20 Trout Unlimited has 20 chapters in Pennsylvania and about 100 members per chapter. (Burnsville, MN) -- A young girl and her family are suing Buck Hill in Burnsville, claiming the company’s negligence led to her falling 40 feet from a pulley system. 4.09 Detailed final design of a project was not started until after congressional approval. Now that the edition is complete.Why arent the dues dropping . 14.17 Erection of the dam will constitute a major federal action. Under Volpe, this Court is first to determine the administrator's duties, responsibilities, and whether he has carried them out. 10.01 In the computation of the benefits to costs ratio, the government used an interest rate of 3.25%. . 14.02 This Court has jurisdiction of the cause under the provisions of 28 U.S.C. It *403 will be constructed of compacted earth, rock, steel and concrete. The coordinate jurisdiction rule falls within the “law of the case” doctrine and promotes finality in pretrial proceedings and judicial efficiency. Tess R. - Miami, FL . 6.05 The Goose Pond project was shut down by the State Conservationist because of sediment damage during construction until measures were taken to correct conditions at the dam site. 8.10 The Pennsylvania Fish Commission required the Soil Conservation Service to use a dry dam at the Levet Branch site. ¶ 6 After a hearing, the petition for a preliminary injunction was denied by Order dated February 24, 2000. McMullan v. Wohlgemuth, 444 Pa. 563, 281 A.2d 836, 841 (1971). Citizens to Preserve Overton Park v. Volpe, supra. On December 10, 1974, the Plaintiffs filed a complaint requesting declaratory and injunctive relief and a motion for a preliminary injunction. . (c) prevention of downstream flow of food organisms. The ordinary usage and plain meaning of the phrase “chicken house,” as well as common sense, require that a structure built to house chickens or poultry be defined as a “chicken house.”   As the aforementioned covenant clearly states, chicken houses are prohibited on Appellees' property. However, Appellant first contends that the coordinate jurisdiction rule, contained in the “law of the case” doctrine, prohibited the lower court from addressing its sister court's preliminary injunction ruling that chickens are not pets. (f) The amount in dollars of the average annual reduction of flood damages. The statute requires that the environmental study be *398 done. 8.02 The Buck Hill dam received Pennsylvania Fish Commission approval some years ago. 5.15 Riprap of 5900 cubic yard of rock will run from a point near the highway even with the dam down to a point where the old stream bed will receive water from the dam. The words "arbitrary" and "capricious" impose a minimum standard of review where there is no other standard to apply. ... or want to establish employment policies to prevent situations that may result in a lawsuit… *395 *396 Robert J. Sugarman, Bernard A. Ryan, Jr., Harrisburg, Pa., for plaintiffs. Case remanded. 1. Hospital Affiliations. § 1001 et seq., the National Environmental Policy Act of 1969 ("N.E.P.A. 5.34 The Pennsylvania Department of Environmental Resources has issued a permit for the dam. The Court in this case is not called upon to consider the question of standing. The Act also requires that "a detailed statement" be prepared where "major Federal actions significantly affecting the quality of the human environment" are to be undertaken. . Now under investigation, in bankruptcy court and dogged by civil lawsuits, Mr. Murray has left the Electric City for the upscale private community of Buck Hill Falls in Monroe County. A hearing date was scheduled to adjudicate the petition for a permanent injunction. Humphreys v. Cain, 83 Pa.Cmwlth. The Buck Hill Falls Swim Team will be using the same suit this year for our swim meets. Two dams are now either completed or nearing completion. While the phrase “household pet” is somewhat ambiguous, nevertheless the language prohibiting poultry makes it clear that chickens were not intended to be included in the covenant's meaning of the phrase “household pet.” 5  Keeping in mind that the rules of construction require us to examine the language of the covenant in light of the subject matter surrounding it, we conclude that the trial court erred in finding that Appellees' chickens are household pets. By 1977 the Buck Hill Falls Company was struggling with the economics of owning and operating the Inn. 13.05 Some of the so-called "work tasks" relating to aquatic habitat listed by the environmental specialist of the Soil and Conservation Service in the "summary of environmental assessment" have not been completed. Each dam in a multi-dam project must be separately justifiable. The Court is not persuaded that because the Buck Hill Falls dam is only one portion of a three-dam project, the importance of an environmental impact study is lessened. The Court is aware of authority in the Second Circuit holding that an agency decision not to file an environmental impact statement should be overturned only if it is arbitrary and capricious. In April, 1959, the project was authorized for planning by the Secretary of Agriculture. 14.14 Defendants' decision not to prepare an EIS, having been made prior to completion of the environmental assessment, was invalid. The covenant in question prohibits “․ poultry of any kind ․” on Appellees property. 12.12 The State Conservationist who issued the Negative Declaration did not secure an opinion of counsel on the need for an environmental impact statement, although it is his practice normally to seek such an opinion on interpretations of departmental regulations. 14.24 The Negative Declaration and assessment are inadequate. Deaths. 4.03 The primary purpose of the project is to reduce the problem in the watershed arising from flood water damage. Concerned Residents of Buck Hill Falls v. Grant, 388 F. Supp. Only after that examination is made, in cases where there is no other standard to apply, should the Court then scan the agency action for evidence of arbitrary or capricious conduct. 11.11 The dam will adversely affect the cold water fishery by. 10.05 The data on benefits to costs ratio was originally gathered by the Soil Conservation Service in 1960 and was updated to 1974 by using Bureau of Labor Statistics figures for residential properties and the U. S. Department of Commerce composite construction costs index for commercial properties and buildings. ), 5 U.S.C. Id. The settlement’s ski area, once a draw for Buck Hill Falls, now lacked the thrills of newer ski slopes with greater vertical drops and more modern lifts. (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory rights; (D) without observance of procedure required by law;" . N.E.P.A. of Pennsylvania, 544 Pa. 150, 675 A.2d 264, 267 (1996). 5.05 The bid for this dam was received August 23, 1974. 12.01 The Soil Conservation Service issued a Negative Declaration with respect to Dam PA-466 on November 20, 1974, which was subsequently published in the Federal Register on November 25, 1974. The award date was subsequently changed to January 3, 1975. 11.05 The proposed dam and impoundment may drastically and permanently adversely affect the natural wildlife habitat. Baumgardner v. Stuckey, 735 A.2d 1272, 1274 (Pa.Super.1999) (citing Baederwood, Inc. v. Moyer, 370 Pa. 35, 87 A.2d 246, 248 (1952)). In many ways, the diminishing resources of our country command the attention and interest of our city dwelling population even more than those present in the immediate area of the project. An application for assistance under Public Law 566 was made and transmitted to the Governor of Pennsylvania in July, 1958, by the County Commissioners and the Soil and Water Conservation Districts of Pike and Monroe Counties (local sponsors). 5.25 The maximum depth of water in the dam after a heavy rainfall, but not a severe storm, will be 50 to 60 feet. On September 8, 1992, Appellees, Clifford Press and Elizabeth Sawyer, purchased a home in the Buck Hills Falls development, a residential community where many of the residents, including Appellees, have vacation homes.2  Since 1998, Appellees have raised bantam chickens on their property. In addition to the former hotel, more than 300 homes and a Donald Ross-designed golf course sit on the property that opened as the Buck Hill Falls Inn with 18 rooms in 1901. ¶ 20 Because we conclude that keeping chickens on Appellees' property is prohibited, we need not address Appellant's claim that the trial court erred by holding that five chickens on Appellees' property does not create a nuisance. (c) was not prepared in timely fashion to enable its findings to be considered in project reconsideration. Appellant urged Appellees to remove the chickens from their property contending that Appellees were in violation of these covenants. To house the flock, Appellees built a permanent metal structure which extends beyond the outside wall of the house by four feet. ¶ 5 On August 31, 1999, Appellant filed a Complaint in equity as well as a petition for a preliminary injunction requesting both that the court restrain Appellees from keeping poultry, and that attorney's fees and costs be awarded. We need not decide what the parties may or may not have meant when using the word “outbuilding” when the definition of “chicken house” is obvious. Malpractice Lawsuits. ¶ 10 It is well settled that courts of the same jurisdiction cannot overrule each other's decisions in the same case. . The Resubmission Issue. 4.18 Overall, the three dams which make up this project presently will destroy 3200 feet of trout stream. 42 U.S.C. 1.09 Some of the Plaintiffs are permanent residents of the area. Appellant now argues that as a result of that Opinion, the question of whether the chickens are pets was settled in the negative and therefore could not be revisited by the lower court during the hearing on the permanent injunction. 8.04 Basically, the Pennsylvania Fish Commission is opposed to dams on trout streams in Pennsylvania. 5.12 The permanent pool of the proposed dam would normally be 25 feet deep for the permanent 7.7 acre pool; the average depth of the 69.3 acre feet actual constraint would be 9 feet. Good gravel beds provide proper spawning areas. 7.02 Several of the features of the Buck Hill Creek which make it an outstanding trout stream are: 1. Pa. 1975) January 24, 1975. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 1.08 The Buck Hill Falls Company operates the Buck Hill Falls Inn. 5.02 The proposed dam is approximately 25 miles from Stroudsburg. § 4321 et seq., and the Watershed Protection Act, 16 U.S.C. 6.04 The Goose Pond Dam has caused serious soil erosion problems despite the Defendants' efforts to prevent such effects, to the point that the Pennsylvania dams authorities warned that it would revoke the permit for its construction unless drastic steps were taken. The lawsuit says the pulley system has a device that is supposed to stop the tow rope, but it didn’t … Atty., Harrisburg, Pa., Frank Leber, U. S. Dept. 14.27 The Negative Declaration gave an introduction on a three dam basis, a benefits to costs analysis on a three dam basis and an impact analysis on the basis of this dam alone. A Philadelphia man who alleges Monsignor Joseph Kelly sexually abused him at St. Michael’s School for Boys filed a lawsuit against the Diocese of Scranton. See reviews, photos, directions, phone numbers and more for the best Medical Malpractice Attorneys in Buck Hill Falls, PA. 5.30 After each major storm, the weir and the weir tie-in must be inspected and the latter will probably need maintenance at the time. 11.01 The dam will reduce flooding, but will not eliminate it. 5.19 At low flow (2.8 cubic feet of water per second) 2.6 cubic feet per second will go through the cold water bypass and .2 cubic feet per second will go into the impoundment. ¶ 18 Next, Appellant contends that the trial court erred in failing to enforce the restriction against chicken houses contained in the Chicken House Covenant. a claim or file a lawsuit against the Buck Hill Inc.. 11.09 The proposed dam will destroy paths on both sides of the creek. Find top Buck Hill Falls, PA Employment Law (Employer) attorneys near you. Buck Hill Falls is a private 4,500 acre resort community in the area of Pennsylvania called The Poconos. However, the court denied the petition, finding that Appellant failed to establish that a preliminary injunction would prevent immediate and irreparable harm during the winter months when the chickens were not outside. As Seen On. 176, 477 A.2d 32, 35 (1984). Medical Malpractice Attorneys in Buck Hill Falls on YP.com. 8.01 The Pennsylvania Fish Commission in 1961 characterized Brodhead Creek as probably Pennsylvania's most famous trout stream. Changing flow patterns may affect fish habits. Expedited action was requested on the preliminary injunction as a construction contract was to be let for the dam on December 23, 1974. 4.13 The first structure in the project was contracted for in 1972 and the second structure in 1973. 5.07 Unless restrained by this Court, Defendants would have awarded a construction contract for the project on or before January 3, 1975. 7.08 If the temperature of the water rises beyond the point which the trout can tolerate, there will be no carryover from the summer and no spawning. John Hall, Asst. 7.15 There would be no need to stock the Brodhead if all fish taken were returned to the stream. 34). denied 412 U.S. 908, 93 S. Ct. 2290, 36 L. Ed. 14.06 This action is properly a class action. ¶ 3 Beginning in the fall of 1998, the General Manager of BHFC received complaints from community members regarding the roosters' crowing in the early morning, a foul odor emanating from the chickens, and their ceaseless clucking. The Plaintiffs are owners of property in the vicinity of the Buck Hill Creek in the Pocono Mountains region of northeastern Pennsylvania. While the controversy over the Buck Hill Falls dam has not been great, the present opposition is meaningful. Copies were not distributed to Trout Unlimited and other organizations which were and are concerned about the environmental effects of Defendants' proposed dams on trout and other fishing streams in Pennsylvania. Appellees argue that the Chicken House Covenant only prohibits “outbuildings” on the property, and since their structure is attached to the house, it is exempt from the prohibition. During the summer of 1998 Appellees had as many as twenty chickens, including a number of roosters. 2. Get help now. 7.03 Aquatic organisms live in a narrow temperature band, the normal range being between 33 degrees to 68 degrees, and such organisms have a low tolerance to temperature change. to prepare an environmental impact statement in appropriate cases is to be construed generously and enforced strictly; Congress intended by enacting N.E.P.A. Compare detailed profiles, including free consultation options, locations, contact information, awards and education. 5.21 The cold water bypass is eight inches in diameter. : Buck Hill Falls Company; : Lot and Cottage Owners’ : No. In its Opinion denying Appellant's petition for a preliminary injunction, the trial court found that although Appellees' practice of keeping chickens on their property was actionable, the petition was not timely in the winter months when the chickens were kept indoors. § 1001 et seq., and a 1961 authorization issued by the Agriculture Committees of the Congress, Defendants presently propose to erect a $2 million 90-foot high dam on Buck Hill Creek, PA-466, just north of state Route 191 near Buck Hill Falls in Monroe County, Pennsylvania, as the third structural phase of a larger project known as the Brodhead Creek project. The spillway impoundment is 1000 acre feet. Instead, Appellees have hired the regrettably named Mr. Fox to care for the chickens at Buck Hills Falls in their absence. § 1001 et seq. In order to determine whether the coordinate jurisdiction rule applies we must examine the procedural posture of the rulings in question. 1.10 Samuel R. Slaymaker, an authority on fly fishing, has written between 50 and 60 articles and several books on outdoor sports including fly fishing and hunting, and lectures on outdoor sports between 12 and 20 times per year. For the reasons set forth below we reverse. 8.05 There is no policy dispute between the Pennsylvania Fish Commission and Soil Conservation Service. 14.31 The Soil Conservation Service had responsibility for all installation services applicable to the works of improvement for flood prevention and all construction costs of structural measures allocated to the purpose of flood prevention. The dam may prevent migration, thus affecting spawning and flow of food and fish. 12.03 The Government's report which resulted in the Negative Declaration contains no data on water temperature. In contrast to a permanent injunction, a decision regarding a preliminary injunction is not binding for purposes of a final adjudication. 10.06 The estimated damages were based upon damages estimated in 1955 and updated by using a multiplying factor of 2.05 to date. § 701 et seq. 8.08 The Pennsylvania Fish Commission agreed to approve a bypass at the proposed dam so that the Commission could observe how it will work. The A.P.A. Defendants have acted on a basis generally applicable to the class, the common questions of the law and fact predominate over individual issues, and efficiency, fairness and the public interest will benefit from a single determination of the issues in dispute between the members of the class and defendants. 1.14 The Commissioners of Monroe County were not aware of any opposition to the dam, other than as reflected in a vote described in ¶ 4.12, except by way of a letter from the Plaintiffs in August, 1974. He left to pick up the customer and last radioed his employer, Donald Mick, at 2:44 pm. The email address cannot be subscribed. Therefore, we find that here too the trial court made an error of law, and that Appellees are in violation of the covenant prohibiting the construction of a chicken house on their property. 10.12 The 1.05-1 benefits to costs ratio applies to PA-466 dam alone. ¶ 9 All but one of Appellant's issues on appeal relate to the trial court's interpretation of the restrictive covenants affecting Appellees' property. Increased water temperature may prevent trout from living in the stream. 3. 12.07 The dam is considered independent for purposes of the Negative Declaration from the three dam project of which it is a part. 12.11 Defendants did not distribute the Negative Declaration to all those expressing interest in the project. 11.04 The proposed dam and impoundment may substantially and permanently adversely affect the most heavily fished portion of one of the few stocked, publicly accessible trout streams in the Brodhead Creek watershed which are some of the most significant trout streams in the Eastern United States, by increasing the water temperature because of warming of water in the lake and changing flow patterns. Other names that Harrel uses includes Harrel S Silverstein. 7.05 Aquatic organisms, including trout, will die if the temperature is beyond their normal limits for several hours. See Rieck–McJunkin Dairy Co. et al. As a result of such complaints, the roosters were removed from Appellees' property, leaving only hens. The Declaration is inadequate in that it does not comply with the requirements for an EIS set out by N.E.P.A. ¶ 8 When reviewing a final decree in equity we are required to determine whether the trial court made an error of law or committed an abuse of discretion. The stream is a tributary of the Brodhead, one of the most famous trout streams in the Eastern United States. ." 5.31 If PA-466 is deleted, the level of protection will be reduced from 72% to 51%. “Where the motions differ in kind, a judge ruling on a later motion is not precluded from granting relief although another judge has denied an earlier motion.”  Goldey v. Trustees of the Univ. 5.33 The plan provides that the entire area, with the exception of the permanent pool, will be vegetated with grasses and legumes; and that one hundred sixty pine trees will be planted along the edge of the emergency spillway adjacent to Pennsylvania Highway Route 191. This suit is a solid dark green suit by Dolfin. Baumgardner, supra;  see also Grasso, supra. § 1402. See Gey v. Beck, 390 Pa.Super. Gatof New Arts & Crafts - Short Hills, New Jersey. Appellees counter-claimed alleging that the Board of Directors of Buck Hills Falls Company illegally removed Appellee Press from the Board.3. does not direct that environmental statements are to be prepared when in the opinion of the administrator there may be a significant effect on the human environment. 14.35 The benefits to costs ratio is less than 1 to 1. Chapter 1, Paragraph I(c) of the Economic Guide for Watershed Protection and Flood Prevention requires that a separate benefitscosts evaluation be done for each member of a project. 8.03 The Pennsylvania Fish Commission has requested that the dam at Buck Hill Creek either be a dry dam, or have a canal around the dam, or a pipe bypassing the dam (as in the presently proposed structure). In determining whether the covenant prohibits Appellees from maintaining chickens on their property we must consider the express language of the covenant. 1.11 Slaymaker was the founding Secretary of Trout Unlimited in Pennsylvania. Needy Modern style home - Fayetteville, Arkansas. 4.17 Overall, 208 acres would be cleared in the construction of the three dams. Only 90 minutes from Philadelphia and New York City, Buck Hill Falls gives those who live in and love the urban life an opportunity to balance that energy with restorative serenity, rejuvenating fresh air, and health-enhancing recreation. Only trout fly fishing is permitted and such angling permits return of fish to the stream. 8.06 The five changes requested by the Pennsylvania Fish Commission in the proposed dam have been complied with. In fact, that’s just what our Philadelphia-dwelling founders planned, over one hundred years ago. The standards of reviewability of the agency's action with respect to the Watershed Protection Act are different from those under the National Environmental Policy Act. 12.10 The "Negative Declaration" purported to find that the project will *408 have no significant environmental impact. 10.02 $25,000 per acre is the fair market value of land in the vicinity of the proposed dam. Co., 550 Pa. 254, 705 A.2d 422, 425 (1997) (citing Commonwealth v. Starr, 541 Pa. 564, 664 A.2d 1326, 1331 (1995)). “If a decision is based on ‘findings which are without factual support in the record,’ however, the reviewing court will not hesitate to reverse.”   Id. 566, 83rd Congress, 16 U.S.C. 10.04 The benefits to costs ratio of this dam as originally computed by the Soil Conservation Service was 1.2 to 1 and for the three dam project 1.9 to 1. and, "alternatives to the proposed action." I promise not to sue the Buck Hill Inc. and further agree that if anyone is physically injured or property is damaged while I am engaged in any activity at Buck Hill Inc. § 706. The Act specifically provides what the statement is to contain. (b) fails to mention the concerns shown by Plaintiff Concerned Residents of Buck Hill Falls, Trout Unlimited, and others.

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