Judge agrees rezoning of land next to Prospect Hill Cemetery for warehouse was improper

A judge has affirmed a decision by the Manchester Township Zoning Hearing Board that rezoning land adjacent to the historic Prospect Hill Cemetery to industrial was improper spot zoning.

York County Court of Common Pleas Judge N. Christopher Menges issued the 56-page decision on Wednesday.

He wrote that "it appears that the zoning board's findings were based on substantial evidence in the record and application of caselaw in light of the specific facts of the subject properties and this case."

A proposed warehouse for the land along Pennsylvania Avenue prompted outcry from the public. Opponents have argued that it should not be built in a residential community and next to the historic cemetery. They have cited concerns with traffic

The township's zoning hearing board ruled last year that the rezoning of land parcels from low density residential to industrial was improper spot zoning. The challenge was brought by Matthew Seyler, owner of the Prospect Hill Cemetery.

Inch & Co. affiliate Penn Avenue Partners LLC, owners of a number of the parcels in question, appealed the township decision to the county court.

Seyler said he thought the judge made a thorough decision.

Timeline: How did land next to Prospect Hill Cemetery get rezoned to allow a warehouse?

"I think really it's time for Inch and Company to lay down their swords and just admit they made a several million dollar mistake and really apologize to the community for trying to build a warehouse in the middle of a residential neighborhood right next to a cemetery," he said.

Seyler believes the company should donate the land back to the cemetery where the community wants it.

John Inch, an owner of Inch & Co., could not be reached for comment.

Read the court decision

This article originally appeared on York Daily Record: Judge agrees rezoning of land next to Prospect Hill Cemetery for warehouse was improper