Fight over rezoning of land near historic Prospect Hill Cemetery heads to higher court

A property owner looking to build a warehouse adjacent to the historic Prospect Hill Cemetery in Manchester Township is appealing a recent York County Court of Common Pleas decision that rezoning the land to industrial was improper spot zoning .

Judge N. Christopher Menges issued a 56-page decision in August that affirmed the Manchester Township Zoning Hearing Board's decision that rezoning several parcels from low density residential to industrial was improper spot zoning.

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."

Inch & Co. affiliate Penn Avenue Partners LLC, which owns a number of the parcels, filed an appeal with the Commonwealth Court of Pennsylvania in late September, according to court records.

Matthew Seyler, owner of the cemetery who filed the challenge on the rezoning, said he expected the appeal. He thought the judge made a thorough decision.

"We'll just play the waiting game for now," he said.

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

Opponents have spoken out against the proposed development

Plans to build a proposed warehouse on land along Pennsylvania Avenue near Route 30 has 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 also have cited concerns with an increase in traffic.

This article originally appeared on York Daily Record: Fight over rezoning of land near historic Prospect Hill Cemetery heads to higher court