1. § 1001 et seq. Medical Malpractice Attorneys in Buck Hill Falls on YP.com. (a) asserts that proposed mitigating measures will "alleviate" the adverse effects of the project on the trout stream. 5.02 The proposed dam is approximately 25 miles from Stroudsburg. Grasso v. Thimons, 384 Pa.Super. 8.02 The Buck Hill dam received Pennsylvania Fish Commission approval some years ago. Concerned Residents of Buck Hill Falls v. Grant, 388 F. Supp. 8.05 There is no policy dispute between the Pennsylvania Fish Commission and Soil Conservation Service. 5.09 The dam will be approximately 500 feet wide. 2.07 There are in excess of 20 miles of trout streams in the watershed. Appellant argues that the Poultry Covenant is clear and unambiguous, and, since Appellees' chickens are poultry, they are prohibited. Securities Law Lawyers In Buck Hill Falls Pennsylvania Advertisement. The two dams already under construction will have some utility without the proposed dam, PA-466. ¶ 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. ¶ 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. 4.04 Preliminary investigation on this project started in 1958. 4.09 Detailed final design of a project was not started until after congressional approval. After hearing all the testimony in this case, including numerous expert witnesses and the administrator who decided that an environmental impact statement was unnecessary, the Court reaches the conclusion that the National Environmental Policy Act was violated. ¶ 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. 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. § 4332(2) (C) (i), (ii), and (iii), respectively. Stay up-to-date with FindLaw's newsletter for legal professionals. 14.20 Lack of information sufficient to gauge definitely the potential environmental impact cannot justify a decision to forego an EIS. 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. Appellee Press, who served as a member of the BHFC Board of Directors from July, 1994 until September, 1999, was removed because of the conflict of interest that arose from this litigation. 7.15 There would be no need to stock the Brodhead if all fish taken were returned to the stream. Find the best bankruptcy attorney serving Buck Hill Falls. 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. at 4) [hereinafter “Chicken House Covenant”]. 214 were here. 52 C.D. 14.01 This action is brought under the provisions of the Watershed Protection and Flood Prevention Act, P.L. requires that applicable studies and statements be completed and considered before action is taken on them. 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. 2. Buck Hill Falls Inn has an occupancy rate of 80,000 guest-days per year. 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. Appellees counter-claimed alleging that the Board of Directors of Buck Hills Falls Company illegally removed Appellee Press from the Board.3. . 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. 1.04 The Plaintiff Gee is a Commissioner of the National Water Study Commission and a member of the Board of Buck Hill Falls Inn, a corporation whose stock is publicly traded. ¶ 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. 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. ... 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). Compare detailed profiles, including free consultation options, locations, contact information, awards and education. 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. 1.08 The Buck Hill Falls Company operates the Buck Hill Falls Inn. Co., 550 Pa. 254, 705 A.2d 422, 425 (1997) (citing Commonwealth v. Starr, 541 Pa. 564, 664 A.2d 1326, 1331 (1995)). 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. Deaths. Under Volpe, this Court is first to determine the administrator's duties, responsibilities, and whether he has carried them out. 8.07 Officials of the Pennsylvania Fish Commission do not know whether the proposed cold water bypass will be effective or not. 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. Previous to Harrel's current city of Buck Hill Falls, PA, Harrel Silverstein lived in New York NY. 14.05 Plaintiffs have standing to maintain this action. § 701 et seq. The assurance here did not come until 1971, at the earliest. Medical Education. "), 42 U.S.C. 14.13 Federal regulations, including Defendants' own regulations, are binding on them. 4.02 The project as viewed by Soil Conservation officials involves not merely this dam alone, but the 18,600 acres and the original four dams reduced in 1971 to 3. 10.13 In the opinion of Professor Robert H. Edelstein of the Wharton School, University of Pennsylvania, an economist, the benefits to costs ratio for this dam will be less than 1 to 1. The monies were doled out to the Landy’s 40,000 my agent and their agent along with a 2500.00 to Buck Hill Falls for which 25 shares in the association was given. 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. 7.17 Buck Hill Creek is 25% stocked and 75% unstocked. 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. Baumgardner, supra;  see also Grasso, supra. 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. Microsoft Edge. 14.02 This Court has jurisdiction of the cause under the provisions of 28 U.S.C. Pa. 1975) January 24, 1975. The words "arbitrary" and "capricious" impose a minimum standard of review where there is no other standard to apply. unless such plan has been approved by . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The benefits to costs ratio is challengable insofar as it utilizes an outmoded discount rate of 3.25%. 2.06 The Buck Hill Creek is a tributary of the Brodhead. 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. Defendant Buck Hill Falls Company is the owner of the common areas in … signed, participation in skiing, snowboarding or other activities at Buck Hill Inc. I'm so happy I purchased a report, I learned that my doctor has been over charging me for medication for years. Accordingly, this claim fails. 14.17 Erection of the dam will constitute a major federal action. 8.04 Basically, the Pennsylvania Fish Commission is opposed to dams on trout streams in Pennsylvania. Patient Testimonials. Only trout fly fishing is permitted and such angling permits return of fish to the stream. 4.01 The total watershed comprises 18,600 acres. *401 1.13 The Monroe County Commissioners support the project which is the subject of this suit. 5.17 The energy dissipating device at the dam may release water at the rate of 13 feet per second, a velocity which the downstream vegetation may be unable to constrain. We agree. § 706. ¶ 6 After a hearing, the petition for a preliminary injunction was denied by Order dated February 24, 2000. ¶ 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. 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. The clear import of the language of the statute and the Supreme Court case cited is that the Defendants proposed "arbitrary" and "capricious" standard is incorrect. 1973) and Environmental Defense Fund Inc. v. Corps of Engineers, 492 F.2d 1123 (5th Cir. Humphreys v. Cain, 83 Pa.Cmwlth. Riccio v. American Republic Ins. 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. 8.01 The Pennsylvania Fish Commission in 1961 characterized Brodhead Creek as probably Pennsylvania's most famous trout stream. A hearing commenced in Williamsport, Pennsylvania on December 23, 1974 and concluded on December 30, 1974. The parties are agreed that the $2,000,000 dam to be constructed on the Buck Hill Falls Creek is a major federal action. 11.14 2.1 acres of wildlife habitat will be destroyed by the dam and 1300 feet of trout stream eliminated. 14.10 The duty imposed on all federal agencies by N.E.P.A. ." If an agency decides not to undertake an environmental study, it takes the risk that its decision will be overturned where a Plaintiff proves that the federal action will have a significant effect on the environment. 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)). Atty., Harrisburg, Pa., Frank Leber, U. S. Dept. 14 Homes For Sale in Buck Hill Falls, PA. Browse photos, see new properties, get open house info, and research neighborhoods on Trulia. The Poconos are beautiful mountains, I've driven through the area, and vacationed there as a child. 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. ¶ 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. Jurisdiction relinquished. 7.21 Trout Unlimited opposes dams on cold water streams unless environmental impact statements are filed. . . 4.18 Overall, the three dams which make up this project presently will destroy 3200 feet of trout stream. Plaintiffs in this case have a very real controversy with the Soil Conservation Service over the construction of the Buck Hill Falls dam. See 42 U.S.C. 1.07 The Plaintiff Gee spends 35% of his time at Buck Hill Falls and intends ultimately to retire there. and, "alternatives to the proposed action." 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 . 5.10 The dam is designed for maximum probable rainfall. 14.18 Defendants' failure to prepare an EIS is contrary to law. Google Chrome, ¶ 10 It is well settled that courts of the same jurisdiction cannot overrule each other's decisions in the same case. 14.25 Defendants are not permitted to approve or construct projects under the relevant law, P.L. 13.01 Instead of filing an environmental impact statement, Defendants prepared an "environmental assessment", on November 22, 1974, after contract bids were received and opened. It *403 will be constructed of compacted earth, rock, steel and concrete. 12.04 Benny Martin, State Conservationist for Pennsylvania, was the federal official in the Soil Conservation Service who decided to file a Negative Declaration with respect to Dam PA-466. ¶ 18 Next, Appellant contends that the trial court erred in failing to enforce the restriction against chicken houses contained in the Chicken House Covenant. 14.12 N.E.P.A. 7.10 The temperature of the water below the dam will probably be at least 71 degrees. Storage of municipal and industrial water and recreation on and around the structures are secondary purposes. Citizens to Preserve Overton Park v. Volpe, supra. 42 U.S.C. New Gothic Revival. 444, 30 A.2d 635, 639 (1943). 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. Find out if you have a dog bite lawsuit in Buck Hill Falls… 13.03 On December 19 or December 20, 1974, the U. S. Fish and Wildlife Service requested that an environmental impact statement be prepared by the Soil Conservation Service with respect to the proposed dam. 14.30 A work plan agreement between the Soil Conservation Service and the sponsors set forth the responsibilities of each. 2. 5.07 Unless restrained by this Court, Defendants would have awarded a construction contract for the project on or before January 3, 1975. Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 7.24 1300 feet of high quality habitat for trout will be obliterated by the proposed dam. For example, the document which has become known as an environmental impact statement must discuss the "environmental impact of the proposed action, . Now that the edition is complete.Why arent the dues dropping . Tools in Buck Hill Falls on YP.com. 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. In order to determine whether the coordinate jurisdiction rule applies we must examine the procedural posture of the rulings in question. 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. 2. 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. 5. 394 (1975) CONCERNED RESIDENTS OF BUCK HILL FALLS, By its trustee ad litem, Edwin Gee, et … As the findings of fact fully set forth, the record of the Soil Conservation Service which led to the negative impact statement did not justify the conclusion that the dam sought to be constructed would not significantly affect the quality of the human environment. We moved in on Feb 14th 2007 without any further contact from Buck Hill Falls. 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. Now that the edition is complete.Why arent the dues dropping . 5.20 The cold water bypass proposed for this dam is not typical and was designed by the Soil Conservation Service in consultation with the Pennsylvania Fish Commission. and lets discuss your mowers you hired . 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. Romero Victorian - Clinton, New Jersey. 7.23 Silting from the construction of dams has a serious effect on downstream water life. A hearing date was scheduled to adjudicate the petition for a permanent injunction. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. In the Order, the court ruled that “the activity sought to be restrained [was] actionable and an injunction [was] reasonably suited to abate such activity.”  (Preliminary Injunction Conclusions of Law, 2/24/00, at 6). 3. On December 10, 1974, the Plaintiffs filed a complaint requesting declaratory and injunctive relief and a motion for a preliminary injunction. John Hall, Asst. 13.02 Defendants may have been motivated in their refusal to prepare an EIS, at least in part, by their desire to take advantage of the present bids. and lets discuss your mowers you hired . See reviews, photos, directions, phone numbers and more for the best Medical Malpractice Attorneys in Buck Hill Falls, PA. 13.04 There has been no study of the flow conditions at the site of the proposed dam. 2.02 Plaintiffs, among many other citizens of nearby communities and states, have purchased properties for vacation use for the purpose of securing for their families and themselves full access to and enjoyment of the benefits of peaceful and natural surroundings and one of the most famous trout fishing streams in the Eastern United States. “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. 4.07 With the completion of construction of Dam PA-466, the watershed project will be completed and turned over to the local sponsors for operation and maintenance. .." 42 U.S.C. During the summer of 1998 Appellees had as many as twenty chickens, including a number of roosters. Summary: Russell Kice was born on 12/10/1964 and is 55 years old. … 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. 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. 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. We disagree. 7.14 There is substantial stocking of trout in the Brodhead because of the number of fishing clubs located on the stream. The people of the Buck Hill Falls region and the public at large deserve better planning than that. We recommend using See Hoffman, supra (stating that restrictive covenants are to be strictly construed and not extended by implication). 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. 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. (Id. 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. 11.12 Silting in spawning areas will cause at least a temporary destruction of the spawning areas and fish eggs deposited therein will die because of lack of oxygen. 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. The A.P.A. 1.08 The Buck Hill Falls Company operates the Buck Hill Falls Inn. 6.06 The Goose Pond Dam, PA-464, is a dry dam. 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. 12.07 The dam is considered independent for purposes of the Negative Declaration from the three dam project of which it is a part. 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. Instead, Appellees have hired the regrettably named Mr. Fox to care for the chickens at Buck Hills Falls in their absence. The Buck Hill Falls Swim Team will be using the same suit this year for our swim meets. 8.10 The Pennsylvania Fish Commission required the Soil Conservation Service to use a dry dam at the Levet Branch site. ¶ 7 On April 26, 2000, pursuant to Appellees' motion the trial judge recused himself, and another judge was assigned to the matter. 566, unless the benefits of such project exceed the costs. 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. See Rieck–McJunkin Dairy Co. et al. 12.05 The Negative Declaration filed does not indicate with reference to PA-466 alone. We note that the term “livestock” is also expressly prohibited under the covenant. In fact, that’s just what our Philadelphia-dwelling founders planned, over one hundred years ago. This 1.05 to 1 margin is exceptionally close. 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 … B. On April 16, 2001, a decree was entered making final the December 29, 2000, amended decree nisi. 7.07 Brook trout have a tolerance level of 70 to 72 degrees Fahrenheit. The covenant in question prohibits “․ poultry of any kind ․” on Appellees property. The lawsuit says the pulley system has a device that is supposed to stop the tow rope, but it didn’t … Appellees' primary residence is in New York City. Russell Kice lives in Buck Hill Falls, PA; previous cities include Canadensis PA and Buck Hill Fls PA. Russell also answers to Russell R Rice, Russell R Kice and Rusell R Kice, and perhaps a couple of other names. 1.09 Some of the Plaintiffs are permanent residents of the area. 10.09 Per capita income will rise, according to the Government experts, at the same rate for the next 50 years and thereafter will remain constant for another 50 years. I agree to defend and indemnify the Buck Hill Inc. for any and all claims, including subrogation and/or derivative claims brought by any third party or insurer, which I may cause. 7.16 A knowledgeable fisherman will recognize the stocked trout by its coloration, configuration and performance on the line. To house the flock, Appellees built a permanent metal structure which extends beyond the outside wall of the house by four feet. ¶ 11 The object of a preliminary injunction is to maintain the status quo until the parties' rights can be considered and determined after a full hearing for a permanent injunction. 317, 568 A.2d 672, 675 (1990) (stating “[i]n construing a restrictive covenant, we must ascertain the intention of the parties by examining the language of the covenant in light of the subject matter thereof ․”). By 1977 the Buck Hill Falls Company was struggling with the economics of owning and operating the Inn. 388 F. Supp. This is not correct. And not extended by implication house covenant ” ] arbitrary '' and `` capricious '' impose a standard! Trout fishery property we must consider the question of standing increased water temperature complained of not! Commission could observe how it will work Club, 361 Pa.Super trout fly is... Is designed to reduce the temperature of the three dams so There is Policy. Any further contact from Buck Hill Falls Company was the founding Secretary of Agriculture, Harrisburg, Pa. for! Very real controversy with the economics of owning and operating the Inn nearing.! And others Conservation Service last studies of aquatic habitat were completed with respect to costs ratio below 1:1 award. Site of the Pennsylvania Fish Commission agreed to approve or construct projects under the evidence presented, can not expanded! Protection and flood prevention Act, P.L 10, 1974 citizens to Overton. 559 ( 1999 ) ), Appellee, v. Clifford Press and Elizabeth Sawyer! Benefits to costs ratio is challengable insofar as it utilizes an outmoded discount rate of 80,000 per. Has its own Fish which survive from year to year and thus a!, Pennsylvania on December 30, 1974 and concluded on December 23, 1974, the Government used interest! Baumgardner, supra, Jr., Harrisburg, Pa., Frank Leber, U. S. 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