There are woefully few trout streams on the East Coast of the United States where the natural habitat of the fish has been preserved. Defendants agree that the Plaintiffs have standing to challenge the action of the Soil Conservation Service and Defendants also agree that the agency's actions are reviewable. Humphreys v. Cain, 83 Pa.Cmwlth. While the service did consult with the Pennsylvania Fish Commission and attempt to devise an apparatus for allowing a portion of the water to escape impoundment, there is still a question as to whether the brook trout in Buck Hill Creek can survive the project. 12.05 The Negative Declaration filed does not indicate with reference to PA-466 alone. 8.01 The Pennsylvania Fish Commission in 1961 characterized Brodhead Creek as probably Pennsylvania's most famous trout stream. Deaths. 5.14 The permanent impoundment is 69 acre feet. Italianate Villa 21st Century Style. § 1402. The extent to which a Court should question the actions of a federal agency is set forth by the Administrative Procedure Act, (A.P.A. In addition, whether a preliminary injunction is granted or denied has no effect on whether a final, permanent injunction will ultimately be issued. The Resubmission Issue. The hotel was losing money, and maintenance costs were escalating. 34). Specifically, the environmental assessment of the Soil Conservation Service did not explore in depth all the adverse effects to the aquatic life in the stream that might be caused by the dam. 10.07 The 2.05 factor for adjustment does not take into account the energy crisis. It affords natural angling because it has its own fish which survive from year to year and thus needs not be stocked. 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. The Poconos are beautiful mountains, I've driven through the area, and vacationed there as a child. 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. Buck Hill Falls is a private 4,500 acre resort community in the area of Pennsylvania called The Poconos. No livestock, animals, or poultry of any kind shall be raised, bred or kept on any Existing Residential Property except dogs (which shall be kept on a leash when and if outside the Living Unit) and other household pets which may be kept provided they are not raised, bred, kept or maintained for commercial purposes. 7.11 There has been a steady increase in Pennsylvania of streams restricted solely to fly fishing. ¶ 14 We begin by noting that in interpreting the foregoing restrictive covenant, the intention of the parties at the time the restrictive covenant was entered into governs. She used the tow rope to go up the hill. 7.18 A crowding of game and nongame fish caused by increased temperatures works to the detriment of the game fish and may result in their elimination. 10.01 In the computation of the benefits to costs ratio, the government used an interest rate of 3.25%. 9.04 The Creek has recently been channelized in the area near Canadensis. (Id. The Plaintiffs are owners of property in the vicinity of the Buck Hill Creek in the Pocono Mountains region of northeastern Pennsylvania. 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. 5.21 The cold water bypass is eight inches in diameter. NEW SEARCH. 8.10 The Pennsylvania Fish Commission required the Soil Conservation Service to use a dry dam at the Levet Branch site. Accordingly, this claim fails. Gatof New Arts & Crafts - Short Hills, New Jersey. 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. 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. Tess R. - Miami, FL . 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. 14.24 The Negative Declaration and assessment are inadequate. Buck Hill Falls Dog Bite Lawsuit Lawyer. The lawsuit says the pulley system has a device that is supposed to stop the tow rope, but it didn’t … 4.06 Originally, the watershed work plan provided for four dams. Baumgardner, supra;  see also Grasso, supra. 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. … As a result of such complaints, the roosters were removed from Appellees' property, leaving only hens. 5.03 The plan for the construction of this dam was originally formulated in 1961. 1.09 Some of the Plaintiffs are permanent residents of the area. Riccio v. American Republic Ins. (a) asserts that proposed mitigating measures will "alleviate" the adverse effects of the project on the trout stream. The issues raised and proven by the Plaintiffs are ample to support the finding that the law has been violated, irrespective of the prior low level of opposition to the project. However, Appellees insist, and the trial court agreed, that since Appellees' children treat the chickens as pets, then they are “household pets” for purposes of the covenant. Instead, Appellees have hired the regrettably named Mr. Fox to care for the chickens at Buck Hills Falls in their absence. Find the best bankruptcy attorney serving Buck Hill Falls. somethings not right every other addition the dues drop with the completion of the addition with as many homes that are here there is no way they should not drop. See Rieck–McJunkin Dairy Co. et al. 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. Last Updated July, 2020. 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. The email address cannot be subscribed. The statute requires that the environmental study be *398 done. Buck Hills Falls Company was the plaintiff in the trial court and as a result is deemed the Appellant pursuant to Pa.R.A.P. 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. 5.10 The dam is designed for maximum probable rainfall. In determining whether the covenant prohibits Appellees from maintaining chickens on their property we must consider the express language of the covenant. 4.13 The first structure in the project was contracted for in 1972 and the second structure in 1973. 1.09 Some of the Plaintiffs are permanent residents of the area. they are suppose to mow all comon areas well that is a laugh myself and my neighbors take care of … 11.02 The dam will benefit downstream owners. 13.04 There has been no study of the flow conditions at the site of the proposed dam. This is not correct. Cappiello v. Duca, 449 Pa.Super. 10.08 A factor of 2.22 was used for future values based on per capita income from estimates made by the Office of Business Economics and Economics Research Service. References to these defendants include their respective predecessors. . 14.07 Federal action affecting the environment, if requiring an environmental impact statement, must be enjoined pending preparation of such a statement unless rare and unusual circumstances exist. § 4332(2) (A). Begin typing to search, use arrow keys to navigate, use enter to select. 4.05 The watershed work plan included conservation land treatment for sediment producing areas and provided for three flood water detention structures and one multiple purpose flood detention-recreation structure. 11.01 The dam will reduce flooding, but will not eliminate it. See Hoffman, supra (stating that restrictive covenants are to be strictly construed and not extended by implication). 10.10 Benefits from the dam may be allocated as follows: 10.11 The benefits to costs ratio ultimately determined by the Defendants was 1.05 to 1 for this dam. ¶ 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. It is unnecessary for the Court to delve into the requirements of the Council on Environmental Quality, an organization created by the National Environmental Policy Act, or regulations promulgated pursuant thereto because of the violation of the clear statutory language. Email: robs@umich.edu U.S. mail: Robert Schweitzer 3661 Waldenwood Drive Ann Arbor, Michigan 48105 Phone: 734/668-0298. 4.09 Detailed final design of a project was not started until after congressional approval. ¶ 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 "is authorized" phrase suggests that the Secretary might not be required to do the analysis but in this case it was done, and it is the Court's responsibility to see that the law is complied with. 9.01 Defendants have considered alternatives to the proposed dam from the point of view of avoiding or minimizing environmental damage. There are no individuals being relocated as a result of the project. 5.31 If PA-466 is deleted, the level of protection will be reduced from 72% to 51%. Patient Reviews. 7.23 Silting from the construction of dams has a serious effect on downstream water life. (f) The amount in dollars of the average annual reduction of flood damages. 394 (1975) CONCERNED RESIDENTS OF BUCK HILL FALLS, By its trustee ad litem, Edwin Gee, et … 12.10 The "Negative Declaration" purported to find that the project will *408 have no significant environmental impact. 5.13 Salient features of the proposed construction are: A riser which allows the water to escape from the dam when it reaches the top of the riser. 7.14 There is substantial stocking of trout in the Brodhead because of the number of fishing clubs located on the stream. 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. 8.02 The Buck Hill dam received Pennsylvania Fish Commission approval some years ago. 11.13 Dams on trout streams prevent migration, may adversely affect temperatures of the water and thus create a warm water habitat. See reviews, photos, directions, phone numbers and more for the best Tools in Buck Hill Falls, PA. 7.16 A knowledgeable fisherman will recognize the stocked trout by its coloration, configuration and performance on the line. 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. The Court in this case is not called upon to consider the question of standing. *409 14.08 Delay and increased cost from delay are not such rare and unusual circumstances. § 4332(2) (C) (iii). 14.21 The cumulative effect of the project and related actions is significant and requires an EIS. . Copyright © 2021, Thomson Reuters. 1.06 The Gee family spends summers and parts of the winters at Buck Hill Falls. 4.04 Preliminary investigation on this project started in 1958. Seventy-six acres will be cleared for the construction of the dam, emergency spillway, a 7.7 acre permanent pool and the borrow area. ), 5 U.S.C. (c) The acre feet of flood water storage. 12.02 There was no analysis by the Government of the aquatic life in the stream prior to the issuance of the Negative Declaration. The covenant in question prohibits “․ poultry of any kind ․” on Appellees property. (e) The percentage of reduction of flood damage. 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. 4.14 A supplement to the work plan on the original four dam project was issued in 1971 which eliminated the third dam, PA-465 (Griscomb Creek Dam) at the request of the sponsors above named and also deleted recreation in one of the other structures. 14.34 The project agreement of May 2, 1974 executed by the Monroe County Commissioners called for an inspection and necessary maintenance of the dam annually by the commissioners unless there are unusual circumstances requiring more frequent inspections and maintenance, such as would be the case after a severe flood. v. School Dist. Previous to Harrel's current city of Buck Hill Falls, PA, Harrel Silverstein lived in New York NY. 1.08 The Buck Hill Falls Company operates the Buck Hill Falls Inn. 7.04 The weir to be erected upstream will require cleaning at least several times a year. Appellant argues that the Poultry Covenant is clear and unambiguous, and, since Appellees' chickens are poultry, they are prohibited. 1973) and Minnesota Public Interest Research Group v. Butz, 498 F.2d 1314 (8th Cir. 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). United States District Court, M. D. Pennsylvania. No noxious or offensive activity shall be caused on or upon any Lot or Living Unit, nor shall anything be done or be placed in or on the same which may be or become a nuisance, or cause unreasonable embarrassment, disturbance or annoyance to any other Owner in his enjoyment of his Lot or Living Unit. This suit is a solid dark green suit by Dolfin. Plaintiffs in this case have a very real controversy with the Soil Conservation Service over the construction of the Buck Hill Falls dam. On June 12, 2001, the lower court stayed its final decree of April 16, 2001, pending this appeal, ruling that ten hens, but no roosters, could be kept on the property. 5.04 Invitations to bid for the construction of PA-466, the dam under consideration, were given out in May, 1974. Storage of municipal and industrial water and recreation on and around the structures are secondary purposes. 7.09 As temperature increases, there is a change in the basic life in the streams, particularly in algae and diatoms. 1.07 The Plaintiff Gee spends 35% of his time at Buck Hill Falls and intends ultimately to retire there. Just as rural residents depend upon the city, urban dwellers seek and even require the beauty of the countryside. This suit is a solid dark green suit by Dolfin. The stream is a tributary of the Brodhead, one of the most famous trout streams in the Eastern United States. Concerned Residents of Buck Hill Falls v. Grant, 388 F. Supp. Buck Hill Falls Company, Appellant, v. Clifford Press and Elizabeth L. Sawyer, His Wife Appellee. Other names that Harrel uses includes Harrel S Silverstein. 2019 Association of Buck Hill Falls : Argued: December 12, 2019 BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE ANNE E. COVEY, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE COVEY FILED: January 10, 2020 Michael … Get a great attorney for your dig bite lawsuit. 14.02 This Court has jurisdiction of the cause under the provisions of 28 U.S.C. BUCK HILL FALLS, Pa., Sept. 9 — Warning that civil litigation has become so “painfully slow,” so “prohibitively expensive” and so widespread, Judge … signed, participation in skiing, snowboarding or other activities at Buck Hill Inc. ¶ 15 Instantly, the trial court concentrated solely on whether Appellees' chickens were pets, reasoning that, although the chickens were poultry, they were not prohibited because Appellees treated them as pets. 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. Appellant urged Appellees to remove the chickens from their property contending that Appellees were in violation of these covenants. . ¶ 17 Appellant also argues in the alternative that even if the court did not find poultry to be strictly prohibited, it erred by failing to make any distinction between the definitions of “pet” and “household pet” under the terms of the Poultry Covenant. ¶ 4 The Buck Hills Falls development, including Appellees' property, is governed by two restrictive covenants [hereinafter “Poultry Covenant” and “Nuisance Covenant” respectively] which provide in pertinent part: Section 3.12 Livestock, Animals, Pets. ¶ 18 Next, Appellant contends that the trial court erred in failing to enforce the restriction against chicken houses contained in the Chicken House Covenant. 14.32 In November, 1971, the revised watershed work plan was agreed to by both the local sponsors and the Soil Conservation Service. 14.15 Defendants' regulations require that they prepare an EIS on all watershed projects involving an impoundment requiring Congressional approval. 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. 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. 4.01 The total watershed comprises 18,600 acres. The A.P.A. Internet Explorer 11 is no longer supported. § 4321 et seq., and the Watershed Protection Act, 16 U.S.C. In order to determine whether the coordinate jurisdiction rule applies we must examine the procedural posture of the rulings in question. On December 10, 1974, the Plaintiffs filed a complaint requesting declaratory and injunctive relief and a motion for a preliminary injunction. 14.05 Plaintiffs have standing to maintain this action. 12.11 Defendants did not distribute the Negative Declaration to all those expressing interest in the project. New Gothic Revival. For the reasons set forth below we reverse. The former statute provides that the secretary "is authorized" to assemble a benefitscosts analysis of a project falling under the jurisdiction of the Act. 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). 8.06 The five changes requested by the Pennsylvania Fish Commission in the proposed dam have been complied with. ¶ 7 On April 26, 2000, pursuant to Appellees' motion the trial judge recused himself, and another judge was assigned to the matter. 42 U.S.C. N.E.P.A. A. 176, 477 A.2d 32, 35 (1984). § 1001 et seq., the National Environmental Policy Act of 1969 ("N.E.P.A. and lets discuss your mowers you hired . 10.03 Over the years, the cost of the dam has increased from less than $500,000 to approximately two million dollars. ¶ 2 Buck Hills Falls Corporation (“BHFC”), is a publicly owned Pennsylvania for-profit development company that owns the common areas and facilities in Buck Hills Falls. 5.08 The useful life for this dam is estimated to be 100 years. 52 C.D. . 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. ¶ 23 Decree reversed. 1.02 Defendants are Kenneth Grant, Department of Agriculture, Washington, D. C., Administrator of the Soil Conservation Service of the Department of Agriculture ("SCS"), Earl Butz, Secretary, U. S. Department of Agriculture, Washington, D. C., and Benny Martin, Federal Building, Harrisburg, Pennsylvania, State Conservationist for Pennsylvania of SCS. The contract is for $1,934,650.34 and was to have been awarded on or before January 3, 1975. 5. 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. somethings not right every other addition the dues drop with the completion of the addition with as many homes that are here there is no way they should not drop. In addition, the words “poultry” and “chicken” are often interchangeable in everyday use and in case law. 93-251, § 80(b) (3/7/74, 88 Stat. Bonessi Home - Buck Hill Falls, New York. 1973) and Environmental Defense Fund Inc. v. Corps of Engineers, 492 F.2d 1123 (5th Cir. (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. ¶ 10 It is well settled that courts of the same jurisdiction cannot overrule each other's decisions in the same case. 3.01 The impetus for the project arose from the flood of 1955. 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. I will have no right to make a claim or file a lawsuit against the Buck Hill … 10.02 $25,000 per acre is the fair market value of land in the vicinity of the proposed dam. This 1.05 to 1 margin is exceptionally close. 42 U.S.C. By 1977 the Buck Hill Falls Company was struggling with the economics of owning and operating the Inn. 1972), cert. A hearing date was scheduled to adjudicate the petition for a permanent injunction. 14.03 Under Public Law 566, flood control must be the initial purpose of a dam. 14.06 This action is properly a class action. the appropriate committees of Congress. Find the latest Institutional Holdings data for Buck Hill Falls Co (BUHF) at Nasdaq.com. .." 42 U.S.C. 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. The benefits to costs ratio is challengable insofar as it utilizes an outmoded discount rate of 3.25%. See Gey v. Beck, 390 Pa.Super. . 2.03 Buck Hill Falls Company owns 6500 acres including the site of the proposed dam. The trial court's finding that Appellee Press was properly removed from the BHFC Board of Directors is not before us on appeal. On April 16, 2001, a decree was entered making final the December 29, 2000, amended decree nisi. 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. ¶ 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. . 13.07 The normal time span for preparation of the full environmental impact statement is one year. Medical Education. of Pennsylvania, 544 Pa. 150, 675 A.2d 264, 267 (1996). An abuse of discretion occurs when a judgment is manifestly unreasonable. 14.20 Lack of information sufficient to gauge definitely the potential environmental impact cannot justify a decision to forego an EIS. Appellees refused. 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. The commands of the National Environmental Policy Act are clear. 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. Plaintiffs are present and former owners of developed lots in the community of Buck Hill Falls. *406 9.03 Defendants have evaluated alternative arrangements, including. 1.08 The Buck Hill Falls Company operates the Buck Hill Falls Inn. 2136 for purposes of this appeal. The lawsuit state that the girl, who was 8 years old at the time, was at Buck Hill on January 25th. ... Securities attorneys may represent a corporation or shareholders in a securities fraud lawsuit against officers and directors of the corporation, or may assist clients in matters involving the Securities and Exchange Commission (SEC). 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. 7.01 The Brodhead Stream which is the subject of this litigation and the Beaverkill, Willowemeoc, Nevesink and Eusopus Streams in the Catskills are the most famous trout streams in the Eastern United States and of these, the Brodhead is the most famous. 14.28 The acquisition of the easement for the construction of the dam from Buck Hill Falls Company at minimal cost increased the benefits to costs ratio as computed by the Defendants. 14.30 A work plan agreement between the Soil Conservation Service and the sponsors set forth the responsibilities of each. Patient Testimonials. B. ." A hearing commenced in Williamsport, Pennsylvania on December 23, 1974 and concluded on December 30, 1974. 12.07 The dam is considered independent for purposes of the Negative Declaration from the three dam project of which it is a part. 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. 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. 3.25% interest with respect to costs may be used only if there were assurance of nonfederal funds by December 31, 1969. 11.08 At least since 1972 Defendants have been aware of the controversy surrounding their dams on trout streams, and the possible serious cumulative effect of such dams on trout fishing in Pennsylvania. 4.08 In 1961, Congressional committees in both the House and the Senate authorized this project. 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